(c) Discrimination in club membership It is unlawful for a club, a club’s management committee or individual members of a club’s management committee, to discriminate against an applicant for membership of a club, or an existing member, based on their sex or gender identity, in relation to certain activities.26 The discrimination provisions regarding club membership only apply to sporting clubs and organisations that meet the definition of ‘club’ under the Act. See page 17 for the definition of 'club'. For clubs that do not meet the ‘club’ definition, the Act will usually still be applicable by way of the ‘provision of goods, services and facilities’ section.27 However, if a sporting organisation is a ‘voluntary body’ under the Act and not a ‘club’ it will be exempt from the key anti-discrimination provisions of the Act (see section 4.3(b)(i)). For example, a local tennis association with 400 members, which owns its own courts and operates a weekly competition, but does not sell or supply liquor, would not be a ‘club’ under the Act. However, a local golf club with 1,500 members, which owns and maintains its own course, and serves liquor at the club house, would be a ‘club’ under the Act. (i) Discrimination against applicants for club membership It is unlawful for a club to discriminate against an applicant for club membership based on their sex or gender identity: • by refusing or failing to accept the person’s application for membership, or • in the terms or conditions on which the club is prepared to admit the person to membership.28 Case study Direct discrimination against an applicant for club membership Jane is a trans woman who lives in New South Wales. She and her friend Valeria both submit applications to join their local bowls club, which meets the definition of a ‘club’ under the Act. For identification purposes the application form asks for a certified copy of a birth certificate. Jane’s gender marker on her birth certificate is ‘male’. She is not yet at a point in her transition where she is able to change it, and notes this on the application form. Along with her birth certificate, Jane also includes a statutory declaration that outlines her affirmed gender and name. When Jane follows up with the bowls club they tell her that her application has been rejected, as unfortunately the club is ‘at capacity’ and they are not taking new members. Jane is surprised by this because Valeria’s application has been accepted. Since becoming a member Valeria has received several emails indicating that the club has a promotion offering a discount on membership fees as part of its ‘summer membership drive’. Her neighbour, Adela, applied for membership the week after Valeria and Jane, and has just had her application accepted. The bowls club’s refusal to accept Jane’s membership application is likely to amount to unlawful direct discrimination on the basis of gender identity. The club’s actions do not amount to a ‘special measure’ and are unlikely to fall within any of the relevant exemptions. Guidelines for the inclusion of transgender and gender diverse people in sport • 2019 • 19