Sex Discrimination Amendment (Sex-based Rights) Bill 2026: What MP Alison Penfold's Proposal Would Change

The short answer

Sex Discrimination Amendment (Sex-based Rights) Bill 2026: What MP Alison Penfold's Proposal Would Change

The Sex Discrimination Amendment (Sex-based Rights) Bill 2026 is a private member's bill introduced by Independent MP Alison Penfold in the House of Representatives on 25 May 2026. The bill would amend the Sex Discrimination Act 1984 to insert a definition of sex as biological and binary, restore the definitions of 'man' and 'woman' as designations of sex (removed in 2013), change the definition of 'gender identity' to make clear it is a chosen self-classification, replace 'different sex' with 'opposite sex' throughout the Act, and introduce a new section 32A to provide explicit protection for services, activities and spaces exclusively for women. The bill explicitly states it retains full discrimination protections for gender identity and sexual orientation. It is currently before the House of Representatives and has not been debated.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill would change in the Sex Discrimination Act

The official APH summary states the bill would amend the Sex Discrimination Act 1984 to: 'change definitions for gender identity, man, woman, intersex status and sexual orientation; and include provisions relating to exclusive services, activities and spaces for women.' The explanatory memorandum, circulated by Ms Alison Penfold MP, describes the amendments as a combination of repeals, substitutions, omissions and additions.

Specifically, the bill would insert a definition of 'sex' that is biological and binary. It would restore the definitions of 'man' and 'woman' as designations of sex — definitions that were removed from the Act in 2013. The bill would also reinstate references to 'opposite sex' rather than 'different sex' throughout the Act, which the EM says is to 'remove the suggestion that sex exists on a spectrum or that sex relates to a subjective identification.'

The definition of 'gender identity' would be amended to make clearer that it is a chosen self-classification, and the reference to 'designated sex at birth' would be removed. The EM states this is to 'reinforce that sex is biological and objectively identifiable.' The definition of 'intersex status' would be changed to reference 'differences in sexual development' to make clear that intersex status 'does not create a third sex, but are variations within male or female categories.'

Evidence review

The new section 32A: protections for women-only spaces and services

The most significant new provision is a proposed new section 32A, which would provide 'an explicit protection for services, activities and spaces exclusively for women.' The EM states this is 'intended to address the existing ambiguity and interpretive conflict in the current act that has enabled gender identity claims to be treated as prevailing over sex-based protections.'

The EM specifically references the Giggle v Tickle 2026 verdict as context for why this provision is needed — though the EM itself does not detail what that case decided. The new section would provide express exemptions from discrimination for women-only services, activities and spaces.

The bill would also make a neutral change to section 5B to align the gender identity discrimination test with the intersex discrimination test in section 5C, changing 'who has a different gender identity' to 'who is not of that gender identity.' The EM states there is 'no practical change to the operation of the discrimination test, but it does avoid the assumption that all people would assert a gender identity.'

Evidence review

Human rights and legal context

The statement of compatibility says the bill engages the right to equality and non-discrimination, the right to privacy, the rights of women and girls, freedom of association, and cultural and religious rights. These rights are recognised in the ICCPR, ICESCR, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The EM states that the bill 'maintains existing protections against discrimination on the basis of sexual orientation, gender identity and intersex status under the Act' and 'seeks to balance those protections with the rights of women and girls to access single-sex spaces, services and activities in appropriate circumstances.' The statement of compatibility asserts that 'to the extent that the Bill differentiates between persons on the basis of sex, the differentiation is directed toward achieving the legitimate objective of preserving the availability, safety, privacy and integrity of sex-based services and protections.'

The EM reports the bill would have no financial impact.

Evidence review

Parliamentary status and political context

The bill was introduced in the House of Representatives and read a first time on 25 May 2026, with the second reading moved the same day. It is a private member's bill sponsored by Alison Penfold MP, who sits as an Independent. As a private member's bill, it does not have the backing of either major party and its prospects of passage depend entirely on whether it attracts cross-party support during debate.

The bill engages contentious legal and social questions that have been the subject of significant public debate in Australia and internationally, including the interpretation of sex and gender in anti-discrimination law. The EM's reference to the Giggle v Tickle litigation indicates the bill is partly a response to recent Australian court decisions on these questions.

No proposed amendments have been circulated as of the most recent APH record.

Evidence review

Key definitions the bill would change

The bill makes definitional changes across the Sex Discrimination Act. The term 'man' would be defined as 'a designation of sex,' and 'woman' would be defined as 'a designation of sex' — restoring language removed in 2013. References to 'different sex' would become 'opposite sex' in sections 5(1), 21(3), 25(3), 27(1)(c)(i), and section 30. The definition of 'sexual orientation' would be amended to reinstate 'opposite sex' language. These changes affect how discrimination protections are interpreted across the Act.

Common questions

Before you rely on the answer