Sex would mean biological sex in discrimination law
A private bill from Alison Penfold MP would rewrite key words in the law against unfair treatment based on sex. It would say sex means male or female from birth. It would let women-only services, spaces and sports keep others out without breaking that law.
Official name: Sex Discrimination Amendment (Sex-based Rights) Bill 2026
- The Sex Discrimination Act would say sex means male or female, based on the body at birth.
- Man and woman would be set by sex, at any age.
- Services, spaces and sports run only for women would not have to follow the Act's rules on unfair treatment.
- The ban on unfair treatment based on gender identity, sexual orientation and intersex status would stay, with new wording.
Who it affects
- Women and girls: Women-only places such as shelters, change rooms, prisons and sports could let in only people of the female sex. They could not be sued under the Act for that.
- Transgender and gender diverse people: These are people whose sense of their gender differs from the sex they were given at birth. They keep protection from unfair treatment based on gender identity in most areas. But women-only services and sports would be let off.
- People with intersex variations: Intersex status would be described as differences in sex development within male or female. It stays protected.
- Groups that run women-only services: Shelters, gyms, sports clubs and similar groups would have a clear let-off when they serve women only.
Sex definitions removed in 2013
The Sex Discrimination Act 1984 is the main federal law against unfair treatment based on sex. It also covers gender identity, sexual orientation, intersex status and some other traits.
The Act used to say what man and woman mean. The bill's notes say those meanings were taken out in 2013.
Alison Penfold MP brought this private bill to the House of Representatives on 25 May 2026. That is the house of Parliament where the government sits. A private bill is one brought by an MP who is not a government minister.
Her notes explain the bill. They say it would bring back wording based on sex. They point to a court case called Giggle v Tickle. In that case a transgender woman sued a women-only app that kept her out. They say the case showed the Act mixes up sex and gender. They also say the bill keeps full protection for gender identity and sexual orientation.
New meanings for sex
The bill would add a meaning of sex. Sex would mean being male or female, based on the body's role in making babies.
The meaning points to things present at birth. These are sex chromosomes, natural sex hormones, and sex organs inside and outside the body. Chromosomes are tiny packs of genes in every cell. Hormones are chemicals the body makes. Females usually have two X chromosomes. Males usually have an X and a Y. The meaning says a person's own sense of their gender does not count.
Man would mean a male of any age. Woman would mean a female of any age.
In some places the Act now says "a person of a different sex". The bill would change those words to "the opposite sex". The notes say this stops courts treating sex as a sliding scale.
Gender identity and intersex status
Gender identity would mean how a person sees their own gender. They might show it through how they look or act, or in other ways. It counts with or without medical care. The Act now mentions the sex a person was given at birth. That would be taken out.
Sexual orientation would mean being attracted to people of the same sex, the opposite sex, or both.
Intersex status would mean having differences in sex development caused by genes or hormones. The notes say this makes clear that intersex is a variation within male or female. They say it is not a third sex.
The test for unfair treatment based on gender identity would change a little. It would compare a person with someone who does not share that gender identity. The notes say this makes no real difference. They say it matches the test for intersex status.
Exemption for women-only spaces
The bill would add a new section 32A. It says some of the Act's rules would not apply to services or activities run only for women. That includes the rules against unfair treatment at work and in other areas.
This covers places usually used only by women. Examples are housing, prisons, women's shelters, toilets and change rooms. It also covers sport and any other activity set up and run only for women.
Say a women's swimming club only lets in females. Under this bill, the club would not break the Sex Discrimination Act with that rule.
The notes say this new section is a direct answer to the Giggle v Tickle decision.
Start date
If passed, the law would start the day after it is signed. The Governor-General signs bills into law. The Governor-General is the King's representative in Australia.
The bill was brought into the House of Representatives on 25 May 2026. MPs debated the main idea of the bill on 29 June 2026.
It is still before the House. To become law, it must pass the House and then the Senate. Then the Governor-General must sign it.
Its journey through Parliament
| 25 May 2026 | House of Representatives: Introduced and read a first time |
| 25 May 2026 | House of Representatives: Second reading moved |
| 29 Jun 2026 | House of Representatives: Second reading debate |