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.

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