3. Commonly used terms

The Commission acknowledges that terminology can have an impact on a person’s identity, wellbeing and inherent dignity. Using appropriate terminology respects individuality and enhances the visibility of transgender and gender diverse people in the community.

The Commission recognises that terminology in this area is evolving and contested. The following section provides general guidance on relevant terminology. An understanding of these terms can help prevent discrimination and create an inclusive environment.

Please note that when the terms ‘man’ and ‘woman’ or ‘trans man’ and ‘trans woman’ are used in these Guidelines, the discussion is also generally applicable to boys, girls and trans children respectively.

Gender identity

‘Gender identity’ is defined in the Act as ‘the gender related identity, appearance or mannerisms or other gender related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth’.¹¹

For example, a person’s birth certificate may include a marker which indicates that the person’s designated sex is female when that person identifies as a man (in other words, their gender identity is that of a man).

Gender diverse

‘Gender diverse’ is an umbrella term that includes all the different ways gender can be experienced and perceived. It can include people questioning their gender, those who identify as trans/ transgender, genderqueer, non-binary, gender non- conforming and many more.¹²

Intersex status

‘Intersex status’ is a protected attribute under the Act. Under the Act ‘intersex status’ means the status of having physical, hormonal or genetic features that are:

• neither wholly female nor wholly male
• a combination of female and male, or
• neither female nor male.¹³

These Guidelines do not specifically address people born with variations in sex characteristics (intersex variations).

The term ‘intersex’ does not describe a person’s gender identity (man, woman, neither or both). A person born with a variation in sex characteristics may identify as a man, woman, neither or both.

LGBTQI

‘LGBTQI’ (or variations of it) is an acronym for lesbian, gay, bisexual, transgender, queer/ questioning and intersex. It is used to refer collectively to these communities. The ‘LGB’ refers to sexuality/sexual identity; the ‘T’ refers to gender identity; and the ‘I’ refers to people who have an intersex variation. ‘Q’ can refer to either gender identity or sexuality.

Non-binary

‘Non-binary’ is a term used to describe a person who does not identify exclusively as either a man or a woman.

Pronouns

‘Pronouns’ are a grammatical means of referring to a person or persons. Conventional pronouns are ‘she/her/hers’ and ‘he/him/his’. Some people prefer to use gender neutral pronouns, such as ‘they/ them/their’. The pronoun a person uses to describe themselves generally reflects their gender identity.

Sex

‘Sex’ refers to a person’s biological sex or sex characteristics. These may be genetic, hormonal, or anatomical.¹⁴

Unlike ‘gender identity’, ‘sex’ is not defined in the Act.

Sporting organisations

‘Sporting organisations’ include, but are not limited to, clubs, associations, national sporting organisations, state sporting organisations, and any organisation that is involved in the management or operation of sport.

Transgender

‘Transgender’ (commonly abbreviated to ‘trans’) is a general term used to describe a person whose gender identity is different from the sex they were assigned at birth. Being transgender is about how an individual describes their own gender. It is not necessarily about their biological characteristics.

A person whose birth certificate originally described them as female, who now identifies as a man, may use the labels ‘trans’, ‘trans man’ or ‘man’. Similarly, a person originally described on their birth certificate as male, who now identifies as a woman, may use the label ‘trans’, ‘trans woman’ or ‘woman’.¹⁵

Transition

‘Transition’ or affirmation refers to the social, medical or legal steps that a transgender person takes to affirm their gender identity.

A transition or affirmation may or may not involve medical treatment, including surgeries or hormone therapy. People can transition as children or as adults. Each transition is different.

Social transition is the process by which a person changes their gender expression to better match their gender identity. This may include changing their name, pronouns, and appearance.

Medical transition is the process by which a person changes their physical sex characteristics to align with their gender identity. This may include hormone therapy, surgery or both.

Legal transition is the process by which a person changes their identity documents, name, or both, to reflect their gender identity. This may include changing their gender marker on a passport or birth certificate, or changing their name on a driver’s licence or bank card.