Sex Discrimination Commissioner Kate Jenkins has dismissed suggestions that Australia's laws need to change to protect women’s sports.
Ms Jenkins told SBS News sporting codes are already abiding by the laws and have shown a "real commitment" to being inclusive.
“We have currently some really strong laws in place in the Sex Discrimination Act that creates a balance between fairness and participation,” she said.
“I think those laws have served us well and continue to do so.”
Ms Jenkins was last year tasked by the Coalition government to conduct an independent review into the culture of Parliament House.
The Commissioner says she was approached by the large sporting codes in 2018 and 2019 on the Sex Discrimination laws and has already helped them clarify the issue.
“[They] asked for better guidance on how the laws work and what they could do to include more trans athletes,” she said.
“So, my experience has been a real commitment across all codes to make sure sports are inclusive for everyone to participate.”
Prime Minister Scott Morrison has expressed support for Liberal Senator Claire Chandler and controversial handpicked Warringah candidate Katherine Deves, who have promoted a campaign to make it easier for sporting groups to exclude transgender people from single-sex sports.
Ms Chandler's private member’s bill would amend the Sex Discrimination Act to ‘clarify’ that single-sex sports based on biological sex is not discriminatory.
But Ms Jenkins believes the issue hasn’t been a major concern for many sporting groups.
“My experience has been that sports are more interested in including than excluding participants, " she said.
Last month Mr Morrison told reporters it was “common sense” that single-sex sports shouldn’t include trans players.
“Sports will make the decisions, but my preference is for girls to play girls, for women to play women, boys to play boys, men to play men. I don't think this is a terribly remarkable statement,” he said.
Opposition leader Anthony Albanese said that Australia's current law was adequate.
“Girls should be able to play sport against girls and boys should be able to play sport against boys. It's covered by the Sex Discrimination Act.
"And that sports currently are in control of this issue,” he told reporters last month.
But many sporting clubs with gender diverse teams are showing it’s possible to play an inclusive game.
The Newtown Breakaways Football Club started as an independent women’s AFL club in Sydney in 2002.
Club President Tiffany Chen says they’ve been LGBTIQ+ inclusive since inception.
“We’ve always had that reputation of being a very diverse and inclusive club, " she told SBS.
The Breakaways Football Club President Tiffany Chen (pictured with ball) says the club has been inclusive since its inception. Credit: Supplied
Last week Equality Australia released two polls conducted in the marginal Sydney seats of Parramatta and Wentworth, finding voters were less likely to support candidates who attack LGBTIQ+ people.
Jackie Turner, a Trans Equality Advocate at Equality Australia said in a statement: “Once again, it’s time for every political party and candidate to follow the community’s lead - treat LGBTIQ+ people with the dignity and respect we deserve.”
Commissioner Jenkins says a major concern remains on the mental health of transgender people and the risk that the debate could increase discrimination.
“It really concerns me that the trans communities experience discrimination and great rates of mental health and self-harm,” she said.
“I think it's really important to us as a country that we ensure that everyone feel safe and included in our community.”
Ms Jenkins has been chosen as an Ambassador in Football Australia’s Legacy 23’ program, ahead of the 2023 FIFA Women's World Cup in Australia and New Zealand.
