National guidelines for the inclusion of transgender and gender diverse people in sport
12 June 2019
Sport Australia, in partnership with the Australian Human Rights Commission and the Coalition of Major Professional and Participation Sports, have developed guidelines for the inclusion and participation of transgender and gender diverse people in sport.
Sport Australia recognises that excluding people from participating in sporting events and activities because of the gender that they identify with may have significant implications for their health, wellbeing and involvement in community life.
We are committed to promoting an inclusive environment and supporting participation on the basis of the gender with which a person identifies, where sports are not bound by their International Federation (IF) or the International Olympic Committee (IOC) policy. The Sport Australia Member Protection Policy template provides guidance on the subject of transgender participation in sport.
The Guidelines for the inclusion of transgender and gender diverse people in sport, released 13 June 2019, provide practical guidance to sporting organisations on promoting inclusion in a manner that is consistent with the Sex Discrimination Act 1984 (Cth) (Act). This guidance is relevant for local sporting clubs through to national sporting organisations.
To inform the development of the guidelines, the Australian Human Rights Commission (AHRC) held 30 targeted roundtables and individual consultations between June and September 2018. The consultations took place in Sydney and Melbourne, or by teleconference, and involved over 100 stakeholders including national sporting organisations, state sporting organisations, state and territory agencies of sport and recreation, player associations, state and territory human rights commissions, non-government organisations, legal experts, medical experts, academics and athletes.
The guidelines are not intended to provide a definitive legal answer to the range of discrimination or harassment issues that a sporting organisation may face, and take the form of information and guidance only. The guidelines have been released accompanied by a set of practical tools and resources for sporting organisations.
Sport Australia encourages all sporting organisations to promote their expectations for creating a respectful and inclusive environment for all participants, including trans participants. Sporting organisations should develop education and awareness programs regarding trans people and their participation in sport, as well as developing clear policies on trans participation.
Pride in Sport Index
In 2016 Sport Australia, the AHRC and Bingham Cup Sydney commissioned Pride in Diversity to develop the world-first national LGBTI Inclusion sporting index, the Pride in Sport Index, opens in a new tab (PSI).
The first PSI was administered in 2017, resulting in the publication of the 2017 Benchmarking Report, opens in a new tab and the inaugural Pride in Sport Award winners.
The PSI provides Australian sporting organisations with a tool by which LGBTI inclusion within Australian sport can be benchmarked. The PSI provides participating sporting organisations with data by which they can assess and compare their current work alongside tangible feedback that can be fed into diversity and inclusion strategies.
Recent outcome of the Caster Semenya case considered by the international Court of Arbitration for Sport
Sport Australia is a proud supporter of women’s sport and of gender equity in society more broadly.
On 30 April 2019, the Court of Arbitration for Sport (CAS) delivered an Award with respect to the challenges brought by Caster Semenya and Athletics South Africa to the validity of the International Association of Athletics Federations (IAAF) Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development (DSD Regulations)).
The CAS found DSD Regulations are discriminatory but that, on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate means of achieving the legitimate objective of ensuring fair competition in female athletics in certain events and protecting the “protected class” of female athletes in those events.
Sport Australia considers these matters complex and the outcomes of the CAS process may be instructive for further consideration of this issue and further research.