Tag: Australia
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Sex Discrimination Act 1984 (Cth) — An Analysis
Introduction The Sex Discrimination Act 1984 (Cth) was enacted to address discrimination on the ground of sex. It gave effect to the Convention on the Elimination of All Forms of Discrimination Against Women and promoted “the principle of the equality of men and women.” That object only works if men and women can be identified.…
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Women’s Prisons Were Built for a Sex Class. Who Enters Them Is Now a State Policy Choice.
Australia has no Commonwealth statute that says who may be housed in a women’s prison. That is how the country is built. States and territories run adult corrections. Section 120 of the Constitution requires each state to hold people convicted of Commonwealth offences in its prisons. There is no separate federal civilian prison system. A…
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In the Name of the Child: Melbourne Conference Examines the Harms of Surrogacy
On 21–22 August 2026, the Association Representing Mothers Separated by Adoption (ARMS) hosted a two-day national conference, In the Name of the Child: The Perils of Surrogate Motherhood for Mother and Baby, at the Greg Craven Centre, Australian Catholic University, in Fitzroy, Melbourne. Women Speak Australia attended the conference, which brought together Australian and international…
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Surrogacy in Australia: If It Requires So Many Safeguards, Should We Be Regulating It or Ending It?
Surrogacy is legal in every Australian state and territory, yet Australia has no single national surrogacy law. Instead, it is regulated primarily through separate state and territory legislation. There is one broad point of agreement: commercial surrogacy is prohibited across Australia, while altruistic surrogacy is permitted. In an altruistic arrangement, a surrogate may have certain…
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eSafety Commissioner Issues Removal Notice to X Over Genevieve Gluck Article: What Does the Online Safety Act Require?
On 4 August 2026, the Australian eSafety Commissioner issued a formal removal notice to X concerning a post that linked to a 2024 Substack article by US-based writer Genevieve Gluck. The article, published on 31 October 2024 on her Women’s Voices Substack, examined publicly available online material posted by an employee of the Australian Medical…
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Public Toilets and the Duty of Local Government: Why Single-Sex Facilities Matter for Women
Introduction Access to safe, private and usable public toilets is an important but often overlooked aspect of participation in public life. Across Australia, councils are increasingly considering different approaches to the design of public toilets and change facilities, including unisex and all-gender models. These approaches may provide benefits for some users, but they also raise…
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Online Safety Act 2021 (Cth) — Detailed Analysis
Background, Purpose and Legislative Structure The Online Safety Act 2021 (Cth) is the principal Commonwealth statute establishing Australia’s regulatory framework for specified categories of online harm. It received Royal Assent on 23 July 2021. The bulk of its operative provisions commenced on 23 January 2022, replacing and expanding the framework previously contained in the Enhancing…
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The Case of Dr Jillian Spencer: Clinical Concerns, Safeguarding and Professional Freedom
Questions surrounding the medical treatment of children experiencing gender-related distress remain the subject of significant scientific and professional debate. Systematic reviews in several countries have found the evidence for puberty blockers and cross-sex hormones in this cohort to be of low or very low certainty. In this context, the ability of clinicians to raise evidence-based…
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The Kirralie Smith Appeal: What the NSW Supreme Court Decided About Advocacy, Women’s Sport and Anti-Vilification Law
Introduction On 24 July 2026, the NSW Supreme Court delivered its judgment in Smith v Blanch; Smith v Dennis [2026] NSWSC 879, concluding one of Australia’s most closely watched civil vilification appeals. The case arose from a series of social media posts published by Kirralie Smith, spokesperson for Binary Australia (Gender Awareness Australia Ltd), during…
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Anti-Discrimination Act 1991 (Qld): Analysis of Sex, Gender Identity, Sexuality and Sex Characteristics
This analysis examines the Anti-Discrimination Act 1991 (Qld) (the Act) as currently in force, with particular attention to the protected attributes of sex, gender identity, sexuality and sex characteristics. Definitions (Schedule 1 – Dictionary) The Act does not define “sex”. Gender identity, of a person— (a) is the person’s internal and individual experience of gender,…