Access and Inclusion: Respecting Sex-Based Spaces

Guidelines for balancing privacy, dignity, and respectful access in shared spaces.

Communicating Respect and Clarity

For clarity when communicating the intent of this framework:

The purpose of this framework is to set respectful and reasonable community standards regarding access to sex-specific facilities. It relies primarily on public understanding and self-regulation, not intrusive policing. Staff and facility operators are not required to police individuals. Where serious breaches occur, existing public order and premises laws already provide avenues to manage them proportionately.

1. General Access to Sex-Defined Facilities

1.1 Primary Provision (Clear Rule)

Access to designated sex-specific facilities (including but not limited to toilets, change rooms, showers, and similar spaces) must be restricted to persons of the corresponding biological sex.

1.2 Recognised and Entitled Access

• Persons with intersex variations where biological classification is ambiguous or assignment was consistent with the designated facility at birth;
• Transgender individuals who, in good faith, present and are generally perceived as members of the corresponding sex in public life;
• Any person in cases of immediate emergency, including health emergencies, safety threats, or acts of compassion necessary to prevent harm or unreasonable distress;
• Persons accompanied by a registered carer providing necessary assistance.

Provided that presentation is not undertaken for the purpose of deceit, intimidation, or improper access.

1.3 Prohibition on Intrusive Verification

Access determinations must not require or rely upon chromosomal, genetic, or invasive biological testing. Direct policing, questioning, or physical verification of individuals by facility staff or members of the public is neither required nor authorised under this section.

1.4 Reasonableness and Compassion Clause

In all circumstances, access decisions must be made and understood in a manner that is reasonable, proportionate, compassionate, and considerate of the dignity, vulnerability, privacy, and safety of all individuals concerned.

1.5 Enabling Clause for Regulations

The Minister may make regulations to provide further guidance on the application of this section, including but not limited to the handling of exceptional or sensitive cases.

2. Female-Only Facilities

2.1 Primary Provision (Clear Rule)

Access to designated female-only toilet facilities must be restricted to persons of the female biological sex.

2.2 Recognised and Entitled Access

• Persons with intersex variations where biological classification is ambiguous or assignment was female at birth;
• Transgender women who, in good faith, present and are generally perceived as female in public life;
• Any person in cases of immediate emergency, including health emergencies, safety threats, or acts of compassion necessary to prevent harm or unreasonable distress;
• Persons accompanied by a registered carer providing necessary assistance.

Provided that presentation is not undertaken for the purpose of deceit, intimidation, or improper access.

2.3 Prohibition on Intrusive Verification

Access determinations must not require or rely upon chromosomal, genetic, or invasive biological testing. Direct policing, questioning, or physical verification of individuals by facility staff or members of the public is neither required nor authorised under this section.

2.4 Reasonableness and Compassion Clause

In all circumstances, access decisions must be made and understood in a manner that is reasonable, proportionate, compassionate, and considerate of the dignity, vulnerability, privacy, and safety of all individuals concerned.

2.5 Enabling Clause for Regulations

The Minister may make regulations to provide further guidance on the application of this section, including but not limited to the handling of exceptional or sensitive cases.

3. Male-Only Facilities

3.1 Primary Provision (Clear Rule)

Access to designated male-only toilet facilities must be restricted to persons of the male biological sex.

3.2 Recognised and Entitled Access

• Persons with intersex variations where biological classification is ambiguous or assignment was male at birth;
• Transgender men who, in good faith, present and are generally perceived as male in public life;
• Any person in cases of immediate emergency, including health emergencies, safety threats, or acts of compassion necessary to prevent harm or unreasonable distress;
• Persons accompanied by a registered carer providing necessary assistance.

Provided that presentation is not undertaken for the purpose of deceit, intimidation, or improper access.

3.3 Prohibition on Intrusive Verification

Access determinations must not require or rely upon chromosomal, genetic, or invasive biological testing. Direct policing, questioning, or physical verification of individuals by facility staff or members of the public is neither required nor authorised under this section.

3.4 Reasonableness and Compassion Clause

In all circumstances, access decisions must be made and understood in a manner that is reasonable, proportionate, compassionate, and considerate of the dignity, vulnerability, privacy, and safety of all individuals concerned.

3.5 Enabling Clause for Regulations

The Minister may make regulations to provide further guidance on the application of this section, including but not limited to the handling of exceptional or sensitive cases.

Addendum: Enforcement Principles

Primary Enforcement: Cultural Self-Regulation

Compliance with the provisions of this legislation is primarily expected to occur through public understanding and self-regulation, rather than through direct policing.

Facility operators (including shopping centres, schools, public institutions, and other premises) may set signage and expectations to promote awareness of the access framework.

Staff members are not deputised or authorised to police the biological sex of individuals accessing facilities. Public norms and community expectations are anticipated to ensure peaceful and respectful compliance in the vast majority of cases.

Formal Enforcement: Incident-Based Response

Formal intervention would only be warranted where an incident arises involving:

• Deliberate disregard of the access framework following a reasonable request to comply;
• Conduct that creates fear, distress, intimidation, or otherwise undermines the dignity, privacy, or safety of others;
• Commission of a separate offence (such as harassment, indecent behaviour, or assault) where sex-specific access expectations form part of the context.

In such cases, existing laws and procedures apply, including but not limited to:

• Trespass (where an individual refuses a lawful request to leave a premises);
• Public nuisance or disorderly conduct (as defined by State or Territory law);
• Sexual harassment, intimidation, or assault offences under applicable criminal law.

Penalties: Reliance on Existing Legal Frameworks

Specific penalties under this legislation are not necessary beyond those already available under general premises management and public order laws.

However, if desired, the legislation may provide that:

Where access is knowingly and substantially misused in contravention of this section, facility operators may take reasonable steps to refuse access or remove individuals, and individuals may be subject to civil liability under applicable premises management or trespass laws.

The principal objective remains to establish clear, respectful community standards that rely on public understanding and voluntary compliance, without intrusive or invasive enforcement practices.

“The best relationship between laws, individuals, and communities is one where the law exists, but does not need to be executed.”

In other words:

• Law should create understanding, not constant enforcement.
• It should establish trust and boundaries so that people self-regulate with dignity.
• It should exist quietly in the background, as a reminder of shared standards, not as a constant threat.