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Indirect discrimination – player facilities

Australian Sports Commission is determined to have more Australians participating and excelling in sport, from grass-roots right up to the pinnacle of elite competition.

Indirect discrimination in the provision of player facilities.

Greenhill uses a ground owned by Westacre for weeknight training. Westacre only unlocks the men’s changeroom block for Greenhill’s use. A number of Greenhill’s players identify as transgender and non-binary and prefer to use the women’s changeroom.

Not providing access to the women’s changeroom disadvantages the trans and non-binary members of the Greenhill team. They either leave work early so they can get changed at home, or get changed in the carpark.

Despite a number of requests, Westacre repeatedly refuses to unlock the women’s changeroom.

When pressed on the issue they say that Greenhill competes in the men’s competition and should therefore, ‘only need access to the men’s change room’. Westacre’s management also mentions that they cannot be expected to open the women’s change room because that would mean extra cleaning for their staff.

The decision not to unlock the women’s changeroom may amount to unlawful indirect discrimination on the basis of gender identity.

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