Forty years after the Sex Discrimination Act was passed, Australia's anti-discrimination laws are facing significant challenges. The Sex Discrimination Act 1984 (SDA) was enacted to give effect to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), prohibiting discrimination against women and authorising 'special measures' to promote substantive gender equality. Yet in recent years, confusion … Continue reading Time to act: The AHRC’s unused powers could tackle the uncertainty over women’s rights
Tag: Sex Discrimination Act
Minister for Women: Who are the real stakeholders?
The Minister for Women, Senator Katy Gallagher, has referenced the range of stakeholders she engages with on a day-to-day basis when shaping policy that affects women’s health, safety, privacy, and rights. Yet, there is a glaring omission in this stakeholder landscape: the voices of women most directly affected are being ignored. Why are those of … Continue reading Minister for Women: Who are the real stakeholders?
The Australian Government Guidelines on Sex and Gender: Administrative practices are not an easy way out of legal uncertainty
The NSW Law Reform Commission's consultation paper on the Anti-discrimination Act review has raised concerns that it might look to the Australian Government Guidelines on the Recognition of Sex and Gender to shape legal concepts of sex and gender in NSW. These administrative guidelines, however, do not provide a solution to the ongoing legal uncertainty surrounding … Continue reading The Australian Government Guidelines on Sex and Gender: Administrative practices are not an easy way out of legal uncertainty
Equality Australia and the Lesbian Action Group: contesting the meaning of ‘woman’ in women’s spaces
The Tickle v Giggle case has become a defining moment in Australian discrimination law, crystallising fundamental tensions around sex and gender. As an appeal to the Full Court of the Federal Court gets underway, two vastly different ideas have emerged about how women’s spaces should be defined and protected: Equality Australia’s, and the Lesbian Action … Continue reading Equality Australia and the Lesbian Action Group: contesting the meaning of ‘woman’ in women’s spaces
Aus vs UK: female-only spaces, self-ID, and legal ambiguity
The recent UK Supreme Court decision on the Equality Act 2010 has created a sharp legal distinction between the UK and Australia regarding the recognition of sex and gender in anti-discrimination law. In the UK, the Supreme Court ruled that ‘woman’ and ‘sex’ in the Equality Act refer strictly to biological sex as observed at … Continue reading Aus vs UK: female-only spaces, self-ID, and legal ambiguity
The silent exemption: How sporting clubs are misled about protecting women’s sport
The current confusion surrounding gender inclusion policies in Australian sport has left many local sporting clubs and associations in a precarious position. While the ambition for greater inclusion in sport is widely shared, the reality of achieving such inclusion is, for local sporting clubs, far more complex. Too often, guidance from authorities focuses on broad … Continue reading The silent exemption: How sporting clubs are misled about protecting women’s sport
A landmark victory for women’s rights: UK Supreme Court upholds biological definition of ‘woman’
The UK Supreme Court has just delivered a landmark ruling in For Women Scotland Ltd v The Scottish Ministers, affirming that the term “woman” in the UK's Equality Act 2010 refers to biological sex, not gender identity. This decision clarifies that single-sex spaces and services—such as crisis shelters, hospital wards, and sports—can lawfully exclude biological males to protect the … Continue reading A landmark victory for women’s rights: UK Supreme Court upholds biological definition of ‘woman’
Institutional integrity, free association, and women’s rights: our groups join the national push for sex-based protections
As the 2025 federal election approaches, the Affiliation of Australian Women’s Action Alliances (AAWAA) and its member groups are taking action. Across the country, our women-led organisations — and our individual members — are writing directly to candidates, urging them to restore clarity and fairness to Australia’s anti-discrimination framework. Our member groups have joined the … Continue reading Institutional integrity, free association, and women’s rights: our groups join the national push for sex-based protections
Women’s rights are on the ballot: Candidates urged to back sex-based protections
As we head toward the 2025 federal election, the AAWAA has written to every candidate standing for the 48th Parliament of Australia with a clear message: women’s sex-based protections and rights must be a priority—and we have let them know that voters are paying attention. In our letters, we thank each candidate for stepping forward … Continue reading Women’s rights are on the ballot: Candidates urged to back sex-based protections
NSW Minister for Women urged to safeguard women’s access to female-only spaces
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 … Continue reading NSW Minister for Women urged to safeguard women’s access to female-only spaces
24 theses or disputation on the social power of men to invade Women-only gym spaces
Download a two-page printable copy of this statement. OVERVIEW This statement reflects a view grounded in the legal provisions of Australian law, the lived experiences of Women, and the need for special measures that enable Women to overcome systemic disadvantages in a male-dominated and male-created society. IT IS NOT UNLAWFUL TO PROVIDE FEMALE-ONLY SPACES Women-only … Continue reading 24 theses or disputation on the social power of men to invade Women-only gym spaces
Rejoinder to Michael Foran re Tickle v Giggle and the principle of legality
We thank Michael Foran for his recent and insightful analysis of our previous post. We maintain that: Parliament's intention was to amend the law to provide protections against discrimination based on sexual orientation, gender identity, and intersex status, within the Act's defined areas. The removal of the definition of ‘woman' from the Act served this … Continue reading Rejoinder to Michael Foran re Tickle v Giggle and the principle of legality
Tickle v Giggle and the principle of legality
Some questionable claims have been made recently about gender, sex, what it means to be a woman, and women's rights. But one statement from Justice Bromwich in the Tickle v Giggle case really takes the biscuit. Set aside, if you can, Justice Bromwich’s declaration in the Federal Court that “on its ordinary meaning, sex is … Continue reading Tickle v Giggle and the principle of legality
Sex self-ID being rammed through WA parliament
The Western Australian Parliament’s Births, Deaths, and Marriages Amendment (Sex or Gender changes) Bill 2024, introduced by the WA Attorney General, the Hon John Quigley MP, seeks to amend two different laws in Western Australia and would allow people to change their legal sex — multiple times. The effects of this would be 1) to … Continue reading Sex self-ID being rammed through WA parliament
Inclusion in sport must not come at the expense of safety, fairness, or the right to privacy and dignity in changerooms for women and girls
AAWAA made a submission to the UN Special Rapporteur on violence against women and girls in reponse to her call for input to her report on violence against women and girls to the UN General Assembly on violence against women and girls in sport. We value inclusion in sport but not at the expense of … Continue reading Inclusion in sport must not come at the expense of safety, fairness, or the right to privacy and dignity in changerooms for women and girls
Not too late for AHRC to uphold lesbians’ civil and political rights to opinion and assembly
The Affiliation of Australian Women’s Action Alliances (AAWAA) is surprised and disappointed at the Australian Human Rights Commission’s preliminary view not to grant a temporary exemption to the Sex Discrimination Act 1984 (SDA) that would allow lesbians to meet on the basis of their sex and their sexual orientation. We are particularly puzzled as the … Continue reading Not too late for AHRC to uphold lesbians’ civil and political rights to opinion and assembly
AHRC urged to allow lesbians freedom of assembly without men
AAWAA has supported an application by the Lesbian Action Group (LAG) to the Australian Human Rights Commission (AHRC) for an exemption under the Sex Discrimination Act 1984 to conduct ‘Lesbians Born Female’-only events, including to celebrate International Lesbian Day. We believe that an exemption is necessary to ensure the safety and security of this group … Continue reading AHRC urged to allow lesbians freedom of assembly without men
Critical gaps in Australia’s human rights for women and girls must be remedied
The Parliamentary Joint Committee on Human Rights (PJHCR) has accepted AAWAA's submission to the Inquiry into Australia's Human Rights Framework. The Women's Action Alliance Canberra (WAAC) is a member of the Affiliation of Australian Women’s Action Alliances (AAWAA) brings together women’s liberation groups from the ACT, Tasmania, Queensland, South Australia, and Western Australia, all of whom contributed to … Continue reading Critical gaps in Australia’s human rights for women and girls must be remedied
