Australian Sports Commission release guidelines for the inclusion of transgender and gender diverse athletes in sport

Some global sports have banned transgender women from elite female competitions – but Australian sports could be in breach of federal laws if they follow international policies.

Australian sports have been warned they could be in breach of federal laws if they follow the transgender policies from their international governing bodies.

The cautionary advice was included in the release of the Australian Sports Commission’s (ASC) guidelines for the inclusion of transgender and gender diverse athletes in high performance sport.

While the guidelines are non-binding, meaning sports are not compelled to adopt the policy, there are some clear recommendations about what is expected from sports.

These include an overriding inclusive approach to sport, with any rules banning trans athletes from participating applying only to elite level sport.

Community sport must remain fully inclusive.

Similar to the International Olympic Committee’s framework, the guidelines acknowledge that the requirements for different sports can vary greatly, and in some cases, some trans athletes may be excluded, such as if there is a safety risk.

University of Pennsylvania trans swimmer Lia Thomas. Picture: Rich von Biberstein/Icon Sportswire via Getty Images

The ASC also recommended testosterone limits be used as a guide for transgender athletes seeking to compete in elite female competitions.

The guidelines recommended transgender athletes have plasma testosterone levels of less than 2.5 nanomoles per litre for two years prior to competition.

But some global sports, including swimming, athletics and rugby, have banned transgender women from elite female competitions after they reach puberty.

Citing scientific research, they argue that using testosterone limits is unfair because transgender women athletes who have gone through male puberty have already been given physical benefits that stay with them for life.

While the guideline stopped short of telling sports not to listen to their international federations, it did include a warning that sports in Australian were bound by local laws, including the Sex Discrimination Act.

Cate Campbell was both applauded and criticised for her view. Picture: FINA / Youtube

Sports have already been consulted about the guidelines and are seeking further details.

“Swimming Australia congratulates the ASC and AIS on the work they have done to lead transgender inclusion within sport,” a Swimming Australia spokesman said.

“Work is currently underway on the development of Swimming’s community level guidelines through consultation with relevant stakeholders including the ASC, and we continue to liaise with World Aquatics on the international elite guidelines.”

The debate is one of the most polarising in world sports.

When swimming last year became the first sports to place a blanket ban, opinions were deeply divided.

Australian Olympic legend Cate Campbell spoke at the World Aquatics Congress in Hungary last year when the vote was passed and was both applauded and criticised for her view.