Guidelines or law? Why government policy doesn’t trump the Sex Discrimination Act

Guidelines or law? Why government policy doesn’t trump the Sex Discrimination Act

Emma and Suzi unpack the NSW Law Reform Commission's current review of the Anti-Discrimination Act, with a special focus on government guidelines for sex and gender data. They explore why the Australian Government Guidelines on the Recognition of Sex and Gender are administrative tools—not laws—and how the Sex Discrimination Act 1984 remains the definitive authority, especially when it comes to exemptions for single-sex spaces. Drawing on recent UK court cases and policy reviews, Emma and Suzi explain why legal clarity matters and how statutory protections for women must not be diluted by government policy shifts.

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Disclosure statement

Voices in this podcast are AI-generated clones of real, named AAWAA members, created and used with their informed consent to help amplify women's words and stories. All scripts and spoken content are written by AAWAA women, and all editorial judgement, fact-checking, and production decisions remain entirely human. AI is used only to voice this content: never to generate, alter, or invent what is said. Learn more at womensadvocacy.net.



This podcast provides general information and opinion only and does not constitute legal advice. Listeners should seek independent, professional legal advice before acting on any matters discussed. The hosts and AAWAA accept no liability for decisions made based on this content.

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Episoder(92)

TUF. Female alignment with male power: What feminist theory says

TUF. Female alignment with male power: What feminist theory says

In this episode of The Unmoved Feminist, Martine and Liv tackle the uncomfortable question of why some women side with male power, police other women, and direct hostility sideways instead of at the s...

20 Aug 13min

Redirected to writing, then left wondering about the surrogacy review: Our time with the ALRC

Redirected to writing, then left wondering about the surrogacy review: Our time with the ALRC

The Australian Law Reform Commission told stakeholders its surrogacy review was nearly complete. Days earlier, it had quietly been given six more weeks — and nobody will say why. In this episode, Ambe...

13 Aug 12min

Weaponising guilt: Tasmania’s Greens, forced teaming and conversion practices

Weaponising guilt: Tasmania’s Greens, forced teaming and conversion practices

Emma and Megan discuss the Tasmanian Greens’ draft conversion bill and AAWAA’s submission, using it as a springboard into the “guilt trade” and “forced teaming” of LGB with TQI+. They explore how coll...

6 Aug 10min

Surrogacy, exploitation and law reform: Why women’s rights are the foundational consideration

Surrogacy, exploitation and law reform: Why women’s rights are the foundational consideration

Emma and Megan look at what is really at stake when Parliament considers surrogacy law reform. Instead of starting with “access” and “barriers”, they focus on the threshold question: should the State ...

3 Aug 13min

Official words, worsening record: Australia's draft UN report

Official words, worsening record: Australia's draft UN report

Emma and Amber examine Australia's draft seventh periodic report under the ICCPR — the international treaty that binds Australia to protect civil and political rights. They look at what the report say...

30 Jul 10min

Silence from the top: Top officials say nothing as Australia's CSW record deepens

Silence from the top: Top officials say nothing as Australia's CSW record deepens

Emma and Luci cover AAWAA's follow-up communication to the UN Commission on the Status of Women, ahead of the 1 August deadline for submissions to CSW71. They discuss the continued silence from Austra...

23 Jul 10min

'Woman': What Australia's midwifery regulator left undefined

'Woman': What Australia's midwifery regulator left undefined

When a regulatory document governing pregnancy, birth and postnatal care can't say clearly what 'woman' means, that's not a drafting oversight — it's a clinical and legal problem. Emma talks to Suzi a...

16 Jul 8min

TUF. Patriarchy: The structure we are not supposed to name

TUF. Patriarchy: The structure we are not supposed to name

In this episode of The Unmoved Feminist, Martine and Liv unpack a word used everywhere and explained almost nowhere: patriarchy. Drawing on Wollstonecraft, Gilman, Frye's birdcage image, Mitchell's fo...

9 Jul 12min

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