What do the guidelines say about the competitive sporting activity exemption?

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