Shadow Treasurer Tim Wilson has been questioned about the Liberal Party’s policy on changes to the Sex Discrimination Act during an appearance on the ABC’s Afternoon Briefing.
Liberal leader Angus Taylor announced the policy following a Full Court of the Federal Court decision in the Giggle v Tickle case. The ruling marked the first legal test of provisions added to the Act in 2013 that extended protections against discrimination on the basis of gender identity. Following Taylor’s announcement, Coalition colleague and Nationals MP Alison Penfold introduced a bill seeking to amend the legislation.
Speaking with Patricia Karvelas on Wednesday, Wilson outlined his views on how the law should be changed, suggesting different rules should apply to adults and children.
“I am quite happy to have a definition in the Sex Discrimination Act around what a biological woman is. I do not see that as controversial. That does not mean that we should do anything to disrespect transgender Australians,” Wilson said.
The MP said he would like to see language in the Sex Discrimination Act draw a clearer distinction between sex and gender.
“There are some times when transgender Australians should be well within their rights to form organisations or communities that include only transgender Australians, and I believe the same should apply for people based on biological sex,” he said.
Wilson argued the law should allow adults to establish groups that exclude others on the basis of sex or gender identity. He said transgender people should be permitted to exclude those who are not transgender, and that women’s groups should have the right to exclude transgender people.
The Shadow Treasurer said his proposed legal changes would apply only to adults, with a different approach required for children. Asked whether he would be comfortable with a girls’ school rejecting a transgender student, Wilson said alternative considerations would apply.
“When you are talking about school environments, my starting position is what is our responsibility to the child to achieve their educational advancement, their health and welfare, and that is often very unique depending on the circumstance,” he said.
Wilson said he believed the Federal Court’s decision could have far-reaching consequences and that a parliamentary inquiry should be established to receive public submissions on the issue.
Liberal leader Angus Taylor has vowed that changing the Sex Discrimination Act to make it easier for transgender people to be excluded from some spaces and events would be a top priority for a future Liberal government. Taylor’s position is notably different to former leader Peter Dutton who resisted calls to put transgender people in the political firing line.
This week in Senate Estimates Hearings Shadow Attorney General Michaelia Cash devoted most of her time with the Human Rights Commission to quizzing them on recent decisions they’ve made in the area of transgender rights.
