Endnotes
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Particular care should be taken when collecting personal information from children. Parental consent should be obtained for any
personal information relating to children.
These responsibilities could be added to an already established role, such as the Member Protection Information Officer.
The template Member Protection Policy incorporates a complaints process.
Further details about how organisations can develop child-focused complaints policies are provided in the National Principles for
Child Safe Organisations (Principle 6) <https://www.humanrights.gov.au/national-principles-child-safe-organisations>.
Explanatory Memorandum, Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
(Cth) 6.
Sex Discrimination Act 1984 (Cth) s 42.
Bethany Alice Jones et al, ‘Sport and Transgender People: A Systematic Review of the Literature Relating to Sport Participation and
Competitive Sport Policies’ (2017) 47 Sports Medicine 701, 713–714; Joanna Harper, ‘Race Times for Transgender Athletes’ (2015)
6(1) Journal of Sporting Cultures and Identities 1, 2.
David J Handelsman et al, ‘Circulating Testosterone as the Hormonal Basis of Sex Differences in Athletic Performance’ (2018) 39(5)
Endocrine Reviews 803, 806.
David J Handelsman et al, ‘Circulating Testosterone as the Hormonal Basis of Sex Differences in Athletic Performance’ (2018) 39(5)
Endocrine Reviews 803, 811–819; Joanna Harper, ‘Race Times for Transgender Athletes’ (2015) 6(1) Journal of Sporting Cultures and
Identities 1, 6; Dutee Chand v Athletics Federation of India (AFI) & The International Association of Athletics Federations (IAAF) (Interim
Arbitral Award) (Court of Arbitration for Sport, Case No 2014/A/3759, 24 July 2015) 53–54 [186], 59 [205].
These may include factors such as training, genetics, nutrition, ‘hardiness’, and access to resources. Dutee Chand v Athletics
Federation of India (AFI) & The International Association of Athletics Federations (IAAF) (Interim Arbitral Award) (Court of Arbitration for
Sport, Case No 2014/A/3759, 24 July 2015) 154 [532]; Ross Tucker and Malcolm Collins, ‘What makes champions? A review of the
relative contribution of genes and training to sporting success’ (2012) 46 British Journal of Sports Medicine 555, 560; Michael Sheard
and Jim Goldby, ‘Personality hardiness differentiates elite-level sport performers’ (2010) 8(2) International Journal of Sport and
Exercise Psychology 160,166.
Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948)
art 3.
Australian Human Rights Commission, ‘Resilient individuals: Sexual Orientation, Gender Identity & Intersex Rights’ (National
Consultation Report, 2015) 21 <https://www.humanrights.gov.au/our-work/sexual-orientation-gender-identity-intersexstatus/publications/resilient-individuals>.
The Royal Commission into Institutional Responses to Child Sexual Abuse found that transgender and gender diverse children can
experience heightened vulnerability in an organisational context. Commonwealth, ‘Royal Commission into Institutional Responses
to Child Sexual Abuse’ (Final Report–Vol 6, 2017) 170 <https://www.childabuseroyalcommission.gov.au/making-institutionschild-safe>.
NSW Department of Education, School Uniform Policy, PD/2004/0025/V02 (23 July 2018) <https://education.nsw.gov.au/policylibrary/policies/school-uniform-policy>.
Jody L Herman, ‘Gendered Restrooms and Minority Stress: The Public Regulation of Gender and its Impact on Transgender
People’s Lives’ (2013) 19(1) Journal of Public Management & Social Policy 65.
Department of Health, ‘Sport 2030: Participation, Performance, Integrity, Industry’ (2018) 26 <https://www.ausport.gov.au/
nationalsportplan/home/second_row_content/have_a_say2/Sport_2030_-_National_Sport_Plan_-_2018.pdf>.
Changing identification documents can be costly, confusing and time-consuming.
Section 43A(1) of the Sex Discrimination Act 1984 (Cth) provides that it is not unlawful to request information in a way that does not
allow for a person to identify as being neither male nor female. Section 43A(2) of the Act provides that it is not unlawful to make or
keep records in a way that does not provide for a person to be identified as being neither male nor female.
Victorian Equal Opportunity and Human Rights Commission, Guideline: Trans and gender diverse inclusion in sport—complying with
the Equal Opportunity Act 2010 (May 2017) 18 <https://www.humanrightscommission.vic.gov.au/home/our-resources-andpublications/eoa-practice-guidelines/item/1560-guideline-trans-and-gender-diverse-inclusion-in-sport-complying-withthe-equal-opportunity-act-2010>.
Births, Deaths and Marriages Registration Act 1995 (NSW) s 32B.