New legislation for gender identity and sex characteristics in Queensland sport
A recent amendment to the definition of 'gender identity' in the Anti Discrimination Act means sporting organisations can’t restrict individuals with variations in sex characteristics from participating in Queensland competitions.
The legislation took effect in April 2024, marking a progressive shift in protections for individuals with variations in sex characteristics, and the transgender and gender-diverse community.
Under the amended Anti-Discrimination Act 1991, the definition of 'gender identity' now recognises a person's internal and individual experience of gender, regardless of whether it aligns with the sex assigned at birth.
A new protected attribute, 'sex characteristics,' has also been introduced, offering specific protections for people with variations in sex characteristics, commonly referred to as intersex individuals.
Sporting organisations must consider how the changes affect eligibility and inclusion of athletes with variations in sex characteristics, especially concerning international federation competition rules.
Restricting participation of transgender and gender-diverse athletes based on reasonable considerations of strength, stamina, or physique remains unchanged under the Act. Sporting organisations are still permitted to enforce such restrictions if they are deemed reasonable for the specific activity.
Sporting organisations impacted by these changes should seek independent legal advice to navigate the current legislative landscape. Understanding how these amendments affect the conduct of competitions is crucial for ensuring compliance and maintaining fair and inclusive practices.
For further information, visit Keeping Sport and Recreation Safe.
