04 S E C T I O N What does the law say? This section outlines the relevant provisions of the federal Sex Discrimination Act 1984 (Cth) (the Act) as well as providing some guidance on other areas of law which may be relevant. In addition to the federal Act, sporting organisations also have obligations under state and territory anti-discrimination laws (see section 4.8). State and territory antidiscrimination laws should also be considered in the development of policies and practices by sporting organisations. Summary of the federal Sex Discrimination Act 1984 (Cth) 1. Discrimination It is unlawful to discriminate on the basis of sex or gender identity in sport unless: • the different treatment amounts to a ‘special measure’, or • an exemption applies. A special measure can be understood as ‘positive discrimination’ or affirmative action. Special measures are positive actions used to promote equity for disadvantaged groups. An exemption ‘exempts’ a person or organisation from the operation of the Act, and means that a successful claim of unlawful discrimination cannot be brought. There are four exemptions that are particularly relevant to sport: 1. 2. 3. 4. voluntary body exemption club exemption competitive sporting activity exemption temporary exemption. See the diagram on page 26 for a visual representation of how the discrimination provisions of the Act work together. 2. Sexual harassment and victimisation It is unlawful to sexually harass or victimise someone in certain areas of public life, including in some sporting contexts. 16