4 What does the law say?
Both the Victorian Equal Opportunity and Human
Rights Commission and the Australian Capital
Territory Human Rights Commission have
also produced guidelines on the inclusion of
transgender and gender diverse people in sport.67
See section 7 for the contact details of the state
and territory human rights commissions.
4.9 Are there any other laws or
regulations that are relevant?
In addition to the federal Act, and state and
territory anti-discrimination legislation, other
areas of law are also relevant to the inclusion of
transgender and gender diverse people in sport.
(a) International sporting regulations
International federations and other international
sporting bodies, such as the International Olympic
Committee, have their own regulations that govern
gender-based eligibility.
30
Some international regulations require athletes
who wish to compete in the female category of a
sport to have testosterone levels below a certain
measurement. For example, the International
Olympic Committee’s statement from its 2015
Consensus Meeting on Sex Reassignment and
Hyperandrogenism, requires an individual who
wishes to compete in the female category to
have a total serum testosterone level below 10
nanomoles/L for at least 12 months prior to their
first competition in that category.68 This level must
be maintained for the duration of the competition
period.
When Australian-based sporting organisations
develop their own policies, they will likely consider
the regulations that are in place for international
competitions. Any eligibility policy that is developed
will need to comply with the Act.
(b) Privacy law
Sporting organisations should protect the privacy of
players. This is particularly important when dealing
with any personal or sensitive information that the
organisation may hold regarding a person’s gender
identity, or transition or affirmation process.