For club committees and sporting organisations of all ages, using the 2019 Guidelines for the inclusion of transgender and gender diverse people in sport (AHRC, Sport Australia, COMPPS). Covers the law, the competitive sport exemption, policies, uniforms, facilities and personal information.
The Australian Sports Commission (Sport Australia) partnered with the Australian Human Rights Commission and the Coalition of Major Professional and Participation Sports (COMPPS) to develop the "Guidelines for the inclusion of transgender and gender diverse people in sport". Sport Australia's page says they offer practical advice that helps sporting organisations build inclusive environments for trans and gender diverse people.
Edition: the guidelines are the 2019 edition, as the Australian Institute of Sport's page refers to them as the "2019 AHRC Guidelines". The Sport Australia pages themselves show no edition or last-updated date.
The online version has section 4 ("What does the law say?") and section 5 ("How can my sporting organisation be inclusive?"), and the Sport Australia page also lists a Reflective Practice Framework, resources, FAQs and case studies.
Source: https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport
The Australian Institute of Sport (part of the Australian Sports Commission) publishes a separate document, the Transgender and Gender Diverse Inclusion Guidelines for HP Sport. Its page says those recommendations are "intended for elite programs only" and are not meant for community or participation sport, where the 2019 Australian Human Rights Commission guidelines remain relevant. The AIS page gives no publication date for the high performance document.
The AIS page also says its guidelines are not intended to apply to intersex people participating in the category matching their sex assigned at birth, and notes that International Federation female classification eligibility regulations may be relevant for them.
The 2019 guidelines are described as relevant to all sporting organisations, from national bodies to state and local associations.
Sources: https://www.ausport.gov.au/ais/position_statements/transgender-gender-diverse-inclusion-guidelines-for-hp-sport and https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport
Section 4 of the guidelines says:
Section 4.3 of the guidelines describes a permanent exemption for competitive sporting activity. It allows exclusion based on sex or gender identity where the strength, stamina or physique of competitors is relevant. It does not cover coaching, umpiring, refereeing or administration, or competitors under 12 years of age. The guidelines note that these terms are not conclusively defined by the Federal Court.
Section 5.2 adds that the exemption applies only to competitors aged 12 and over, and that organisations relying on it should have a clear, public, written process with evidence standards, timely decisions, chances to respond, written reasons and review rights.
Sources: https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say and https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/how_can_my_sporting_organisation_be_inclusive
Section 4.3 of the guidelines describes these permanent exemptions under the Sex Discrimination Act 1984 (Cth):
For this purpose the guidelines define a "club" as an association of 30 or more members, formed for a lawful purpose, that funds its facilities wholly or partly from its own funds and sells or supplies liquor on its premises.
The guidelines also describe special measures, which are actions to achieve substantive equality (for example membership targets, allocated training sessions or pre-season trial programs). They state that the Commission cannot certify special measures and a complaint can still be made. A temporary exemption can be applied for through the Commission; the guidelines say these are granted sparingly, for up to five years, and may carry conditions.
Section 5.2 of the guidelines says organisations should adopt an inclusion policy, either standalone or within an existing policy such as a Member Protection Policy. Suggested elements are:
Section 5.1 adds that leaders should formally commit to inclusion, for example in governance documents, educate members, staff and volunteers, and may appoint inclusion "champions".
Section 5.3 of the guidelines says codes of conduct should set a zero-tolerance approach to harassment and state the consequences of breaches. They should apply to coaches, officials, staff, spectators, players and volunteers, and spectator codes should be displayed at venues. Education and training should help people recognise and respond to harassment.
The guidelines list examples of conduct to address, including being directed to the wrong bathroom, invasive questions, incorrect pronouns and privacy breaches.
Section 5.4 of the guidelines says players should be able to wear uniforms they feel comfortable in. Organisations should consider whether gendered uniforms are necessary. If they are, players should be able to choose, and a range of sizes and body-suitable cuts should be offered while keeping team branding consistent.
Section 5.5 of the guidelines says organisations can make existing facilities more inclusive through unisex or gender-neutral signage, private changing and shower spaces, and sanitary bins. New or upgraded facilities should provide private spaces and gender-neutral options without taking accessible toilets or family rooms. Organisations can also partner with schools, councils and other providers.
The guidelines also say that while many trans and gender diverse people prefer facilities that align with their affirmed gender, there is a strong preference for privacy, and non-binary people may prefer unisex or gender-neutral facilities. Where space is limited, options include taller doors, room dividers and shower curtains.
In section 4, the guidelines give an example of a venue that unlocks only the men's changeroom for a team with trans and non-binary players, and present it as likely unlawful.
Sources: https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/how_can_my_sporting_organisation_be_inclusive and https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say
Section 5.6 of the guidelines says organisations should collect personal information only when necessary and with consent (parental consent for children). Recommended practices include:
The guidelines also note that requesting additional information from trans and gender diverse people may be unlawful in some circumstances. Section 4 lists the Privacy Act 1988 (Cth) and the Australian Privacy Principles as applying to gender identity information.
Sources: https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/how_can_my_sporting_organisation_be_inclusive and https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say
According to section 4 of the guidelines:
Source: Sport Australia, 4. What does the law say? https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say