ADF’s gender-neutral personnel facing new barriers

Gender-neutral defence personnel could face tough new restrictions barring them from key Defence Force roles.

Gender-neutral defence personnel could face tough new restrictions. Picture: Gary Ramage

Gender-neutral defence personnel could face tough new restrictions barring them from key Australian Defence Force roles under moves to obtain special exemptions from sex discrimin­ation laws.

The Weekend Australian can reveal the Turnbull government has spent two months examining how it should respond to the operational challenges and extra costs of catering for gender-­neutral personnel.

Defence Personnel Minister Dan Tehan is considering an ­option to reinstate an exemption to the Sex Discrimination Act, which was removed more than four years ago when, in January 2013, all ADF employment categories were thrown open to women.

The decision resulted in several positions — including navy clearance divers, army infantry jobs and armoured corps roles — being opened to female participation as part of a push to improve diversity within the ADF.

The ADF has now suggested “unique operational requirements of military service” could make it difficult to meet the needs of personnel who identify as “gender X” and do not consider themselves male or female.

Government sources have confirmed that any attempt to seek a new exemption to sex discrimination laws for the ADF would be limited in application to capture only those personnel who identified as “gender X”.

Under any overhaul, women would not face new barriers preventing them from applying for positions in the ADF — a move previously championed by former prime minister Julia Gillard.

The reforms would represent the rolling-back of niche elements of the government’s strategy to promote diversity in the ADF, which was ramped up in the wake of the 2011 “Skype sex” scandal in which an Australian Defence Force Academy cadet broadcast himself having sex with a female cadet to several of his colleagues.

The ADF confirmed it was looking at new exemptions from sex discrimination laws after it was contacted by The Weekend Australian over revelations an ADFA cadet had claimed gender neutrality.

The Weekend Australian understands the cadet was being ­referred to by instructors as ­neither “he” or “she” but by their last name or as “cadet” and had been moved from an all-female block to a mixed block.

Australia Defence Association executive director Neil James yesterday said the issue with intersex personnel was that the “administrative difficulties aren’t easily surmounted and would be disproportionately expensive and at times operationally inefficient”.

“It’s not like putting women in combat roles, which no one seriously objects to,” Mr James told The Weekend Australian. “Because there are going to be so few people in this category, you have to wonder whether the taxpayer should have to go to disproportionate expense in the 24/7 living and working arrangements that the defence force involves.” He said any exemption could prevent gender-neutral personnel from serving in specific roles.

The “gender X” category was introduced under the government guidelines on the “recognition of sex and gender” established in 2013 and promoted by former Human Rights Commission president Gillian Triggs. The guidelines state that the “X category refers to any person who does not exclusively identify as either male or female”.

Defence issued a statement last night saying it was “examining the policy framework that would apply to gender X members of the ADF”.

“Over the past two months, Defence has been actively considering its policy position in relation to ADF personnel who identify themselves as gender X. An essential part of this consideration is whether the ADF can practically ensure the welfare of individuals, meet its obligations regarding non-discrimination and achieve its military mission. Given the unique operational requirements of military service, the government and Defence are currently considering the need for an exemption to the act and the guidelines, as they apply to gender X only.”