This bill is currently before Parliament.
Law, justice & rights
Women and girls would have a legal definition based on female sex, regardless of age.
Alison Penfold (National Party) said a Federal Court ruling exposed uncertainty about whether the law clearly protected women-only spaces. She blamed changes made in 2013 for failing to explain how rights based on sex and gender identityA person’s own classification of their gender. should work together. She said the bill would address that uncertainty after 13 years while keeping protections against unfair discrimination for transgender Australians.
The Sex Discrimination Act protected gender identityA person’s own classification of their gender. and sexual orientationWho a person is sexually attracted to., but its definitions of sex, man and woman became contested after the 2013 removal of the man and woman definitions and the Federal Court’s 2026 Giggle v Tickle ruling, which proponents said exposed uncertainty about sex-based rights. Against that legal and political pressure, Alison Penfold MP introduced this private member’s bill on 25 May 2026 to define sex as biological and binary, clarify related terms and protect women-only spaces while retaining protections based on gender identityA person’s own classification of their gender. and sexual orientationWho a person is sexually attracted to..
The evidence pack does not contain a speech from an opponent or any clearly attributed criticism of the bill. It contains Alison Penfold’s proposal that Parliament hear from women, LGBTQIA+ communities, service providers, legal experts and other affected groups through a joint committee.
Alison Penfold MP introduced this bill. Supportive speeches so far have come from Nationals.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
74 days
Updated 07 Aug 2026.
Meaning
Women and girls would have a legal definition based on female sex, regardless of age.
Men and boys would have a legal definition based on male sex, regardless of age.
Everyone would be classified as either male or female using physical features linked to reproduction.
People describing their gender identityA person’s own classification of their gender. would use a new definition based on their own classification and how they express it.
People with variations in sex development would be covered by a rewritten definition based on genetic, hormonal and physical differences.
Women using female-only services and spaces could be excluded from parts of discrimination law. This would cover shelters, prisons, toilets, changing rooms and sport.
People protected because of their sexual orientationWho a person is sexually attracted to., gender identityA person’s own classification of their gender. or variations in sex development would keep those discrimination protections, according to the explanatory memorandum.
5 Subsection 4(1) woman means a member of the female sex irrespective of age.Sex Discrimination Amendment (Sex-based Rights) introduced text
3 Subsection 4(1) man means a member of the male sex irrespective of age. sex means the classification of a person as either male or female based on the organisation of the body for a specific reproductive role, as indicated by the person’s sex chromosomes (ordinarily XX for female, XY for male), naturally occurring sex hormones, gonads and unambiguous internal and external genitalia present at birth, without regard to a person’s psychological, social, chosen, or subjective experience of gender identity.Sex Discrimination Amendment (Sex-based Rights) introduced text
3 Subsection 4(1) man means a member of the male sex irrespective of age. sex means the classification of a person as either male or female based on the organisation of the body for a specific reproductive role, as indicated by the person’s sex chromosomes (ordinarily XX for female, XY for male), naturally occurring sex hormones, gonads and unambiguous internal and external genitalia present at birth, without regard to a person’s psychological, social, chosen, or subjective experience of gender identity.Sex Discrimination Amendment (Sex-based Rights) introduced text
1 Subsection 4(1) (definition of gender identity) Repeal the definition, substitute: gender identity means the self‑classification of a person as a particular gender‑related identity, expressed by the adoption of an appearance or mannerisms or other gender‑related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s sex.Sex Discrimination Amendment (Sex-based Rights) introduced text
2 Subsection 4(1) (definition of intersex status) Repeal the definition, substitute: intersex status means the status of having genetic or hormonal differences of sexual development which are often expressed in anatomical sex characteristics that are atypical for that person’s sex.Sex Discrimination Amendment (Sex-based Rights) introduced text
12 After section 32 32A Activities or Services for women Nothing in Division 1 or 2 applies to or in relation to the provision of sex‑based activities or services exclusively for women that consist of (or include) the provision of areas ordinarily used only by women (such as accommodation, prisons, women’s shelters, lavatories, sanitary facilities or changing rooms) or participation in sporting activities or any other activities or services that are established and operated exclusively for women.Sex Discrimination Amendment (Sex-based Rights) introduced text
Equality and non-discrimination The Bill maintains existing protections against discrimination on the basis of sexual orientation, gender identity and intersex status under the Act. The Bill seeks to balance those protections with the rights of women and girls to access single-sex spaces, services and activities in appropriate circumstances. To the extent that the Bill differentiates between persons on the basis of sex, the differentiation is directed toward achieving the legitimate objective of preserving the availability, safety, privacy and integrity of sex-based services and protectionsSex Discrimination Amendment (Sex-based Rights) explanatory memorandum
Context
The Sex Discrimination Act protected gender identityA person’s own classification of their gender. and sexual orientationWho a person is sexually attracted to., but its definitions of sex, man and woman became contested after the 2013 removal of the man and woman definitions and the Federal Court’s 2026 Giggle v Tickle ruling, which proponents said exposed uncertainty about sex-based rights. Against that legal and political pressure, Alison Penfold MP introduced this private member’s bill on 25 May 2026 to define sex as biological and binary, clarify related terms and protect women-only spaces while retaining protections based on gender identityA person’s own classification of their gender. and sexual orientationWho a person is sexually attracted to..
Definitions of man and woman are removed
The Sex Discrimination Act no longer contained express definitions of man and woman, leaving those terms open to later interpretation.
Sex Discrimination Amendment (Sex-based Rights) explanatory memorandum ↗Federal Court rules in Giggle v Tickle
The Federal Court ruling treated sex as changeable, prompting claims that the Act was unclear about the relationship between sex and gender identityA person’s own classification of their gender..
Sex Discrimination Amendment (Sex-based Rights) explanatory memorandum ↗Opposition pledges to define biological sex
Angus Taylor announced that the Sex Discrimination Act would be amended to define biological sex if the Coalition won government.
ABC News ↗Alison Penfold MP introduces the bill
The Nationals MP presented the private member’s bill in the House of Representatives to clarify sex-based rights and women-only spaces while retaining protections for gender identityA person’s own classification of their gender. and sexual orientationWho a person is sexually attracted to..
Parliamentary timeline ↗Sex discrimination commissioner condemns the proposal
The proposed changes drew criticism from the sex discrimination commissioner and trans community advocates over their effects on legal protections and definitions.
ABC News ↗The bill reaches second-reading debate
The bill proceeded to recorded debate on its purpose and proposed changes in the House of Representatives.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
The evidence pack does not contain a speech from an opponent or any clearly attributed criticism of the bill. It contains Alison Penfold’s proposal that Parliament hear from women, LGBTQIA+ communities, service providers, legal experts and other affected groups through a joint committee.
Penfold said transgender Australians should retain protection from harassment and broad discrimination. She argued the law should distinguish sex from gender only when that difference has practical consequences.
Weaker protections for transgender people
Critics warned that tightening the Sex Discrimination Act around biological sex could allow transgender and gender-diverse people to be excluded from services and spaces, reducing protections they currently rely on.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Penfold urges the House to pass the bill, arguing that defining sex as binary would restore legal clarity and protect women-only spaces while retaining discrimination protections for transgender Australians where rights do not conflict.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“This bill is about grounding the law in the reality and safety of biology, making discrimination protections practically workable and legally clear.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
