This Guideline is made under clause 39 of the SLSA Constitution. It is binding on all Members of SLSA and is to be interpreted in accordance with the SLSA Constitution.
Rationale
Amongst its constitutional objects SLSA seeks to:
• At all times act in the interests of the Members and surf lifesaving; and
• Formulate or adopt and implement appropriate policies, including in relation to sexual harassment, equal opportunity, equity, drugs in sport, health, safety, junior and senior programs, infectious diseases and such other matters as arise from time to time as issues to be addressed in surf lifesaving;
SLSA also has an interest in encouraging participation and ensuring competitive surf lifesaving activities are conducted on a fair and equal basis.
In addition, SLSA considers that in order to meet these objects a policy is required regarding the treatment by State Associations of transgender and gender diverse athletes wishing to compete and has developed this Policy in response.
Background
Changing social views and laws affecting sexuality has meant an increasing number of cases of transgender/gender diverse athletes in sport. In this Policy a transgender/gender diverse means a person who was born one sex and now identifies with, and lives as, another sex, and includes a person who has undergone a sex reassignment procedure.
SLSA considers it has an interest is articulating this Policy for the following reasons:
• Protecting SLSA members, in particularly transgender or gender diverse members;
• Ensuring a consistent approach to requests by transgender or gender diverse athletes to compete in SLSA events; and
• Providing information to Members.
Anti-Discrimination Legislation
Anti-discrimination laws at a Federal and State level offer protection to individuals against discrimination on the basis of a number of characteristics. SLSA supports the prohibition against discrimination on the basis of the characteristic of ‘sexual identity’ or ‘sexuality’ in all Australian States in relation to the provision of services by SLSA and its members.
These policy guidelines must be read subject to any applicable anti-discrimination legislation in force from time to time.
Application
SLSA will apply these policy guidelines only:
• Where state anti-discrimination legislation allows; and
• In relation to competitive sporting activities, which does not include:
• Coaching people engaged in a sporting activity;
• Umpiring or refereeing of a sporting activity;
• Administration of a sporting activity; or
• Non-competitive practice of sport.
Policy Guidelines
Evidence of the legal recognition of a person’s sex (passport, birth certificate, etc.) will generally determine whether SLSA allows a competitor to compete as a male or female.
If a person’s gender as legally recognized is other than that under which the person wishes to compete, the following conditions shall apply:
• An individual who has undergone sex reassignment from male to female before puberty may compete as a girl or woman (female). An individual who has undergone female to male reassignment before puberty may compete as a boy or man (male).
• An individual who has undergone sex reassignment from male to female (and vice versa) after puberty may compete in female or male competitions, respectively, under the following conditions:
• Surgical anatomical changes have been completed, including external genitalia changes and gonadectomy; and
• Evidence is provided of hormonal therapy appropriate for the assigned sex having been administered in a verifiable manner and for a sufficient length of time to minimise gender-related performance advantages.
• An individual who has undergone male to female sex reassignment may not compete until two years has passed since gonadectomy.
In each case a confidential case-by-case evaluation shall occur, and the individual’s medical practitioner consulted if necessary.
If the gender of a competing athlete is questioned, the medical delegate (or equivalent) of SLSA shall have the authority to take all appropriate measures for the determination of the gender of the athlete.