The Anti-Discrimination Act says that discrimination is only unlawful in certain areas including accommodation, employment, education and training, the provision of goods and services and membership and activities of clubs. Discrimination in sport may come under one of these areas depending on the circumstances.
This month we have been asked to dedicate the newsletter to discrimination in sport.
If an adult male undergoes a successful sex-change, should they be allowed to participate in a female competition?
Yes, they should be. After undergoing sexual reassignment surgery a person can play in a gender-specific competition of their new gender.
In Tasmania, after undergoing sexual reassignment surgery people can also legally change their birth certificate to reflect their new sex or gender by application to the Office of Births, Deaths and Marriages.
Would it be discrimination to hire a female team manager over a male, for a female-only team, particularly if the team manager is required to travel interstate and overnight with the female team members?
This could be discrimination. It appears that ungrounded assumptions that a male team manager would behave inappropriately towards the female team members have been made.
If a male is the best qualified person to be team manager they should be given the position.
I am a 61 year old veteran cyclist. All of the veterans’ competitions are open events, and I find myself regularly competing against 35 year olds. Can I insist upon handicap races?
Although it may seem unfair that older riders are unable to win races, they have not been precluded from racing because of their age. So it is unlikely that the situation would be unlawful under anti-discrimination laws.
Rather than attempting to insist or demand that handicap races be included in the event, it may be appropriate to try and negotiate handicap races by getting the support of other veteran cyclists.
Handicap races do exist in other sporting events for older competitors (sometimes known as Masters competitions) such as rowing.
I am female and I play mixed netball. The club says that women have to wear skirts, but it doesn't say that men have to wear shorts. Is this unfair discrimination?
Not necessarily. Legal decisions indicate that if the particular dress requirement is a 'conventional requirement,' then it may not be unlawful to require a particular standard of dress, so long as the standard is applied to both men and women.
These 'conventions' can change through negotiation, changing practices and popular demand.
Because I am a woman, my golf club will not allow me to pay full member's fees. I can only be an associate member, I am not allowed full access to club facilities and playing times. Is this acceptable?
No, this is not acceptable, a club that offers both male and female membership should make all membership categories available to both sexes.
My local gym offers cheaper rates during the day for women, but not for men. Can they get away with this?
No, not if the service, activities and equipment provided are the same as that provided to women. A man precluded from taking advantage of the cheaper rates may have a complaint of unlawful discrimination on the basis of sex.
If a person thinks that they are being treated less favourably because of their sex, they may first wish to find a remedy through the club or its committee, to have the offending rules amended.
My son is eight years old and wants to play in the girls' netball team. Should he be excluded from the team just because he is a boy?
No. However, if it can be shown that the strength, stamina or physique of the competitor is relevant to that level of competition, and it can be demonstrated that your son has an advantage in any of these, you may not be able to insist that your son play in the girls' netball team.
Both State and Federal sex discrimination laws allow for single-sex competition, if you can show that strength, stamina and physique are important for the particular sport.
I have noticed that at my child's school the boys are always given first choice of the rowing boats when there is a mixed rowing program. Is this discrimination?
If fees are the same for boys and girls, and girls also participate in competition, then giving the boys preference could be unlawful discrimination.
Concerns should first be discussed with the coaches and/or the school. If it still feels unfair to you, you may wish to lodge a complaint with an anti-discrimination agency.
I complained to the Secretary of the basketball club because the trainer was sexually harassing me. Since then, I have not been chosen for a single game. What can I do?
Is there anyone else at the club you can approach about this matter such as the president or one of the other club officials? If you are unhappy about the outcome of your own efforts to resolve the problem, you can always lodge a complaint of sexual harassment and victimisation (when something bad happens to you because you complain about discrimination or other prohibited conduct such as sexual harassment) with an anti-discrimination agency.
I am an epileptic. Should this affect my selection in the State calisthenics team?
If you are treated less favourably on the basis of being epileptic, this may constitute unlawful discrimination.
However, each case must be assessed on its own facts. For example, there may be medical reasons that affect the likelihood of selection. The degree, regularity and/or severity of epileptic episodes are also taken into consideration when assessing allegations of discrimination.
Further, it may not be unreasonable for the club or association to ask for a letter from your treating doctor and/or specialist, advising that your condition is under control.
I was born in Australia, and now that I'm old enough I want to join the local soccer club, where most of the players come from one particular ethnic group. I've tried out with them a couple of times, and although the selectors told me that I'm an excellent player, they keep rejecting me, because I "won't fit in". Can they do this?
It is possible that you are being discriminated against because of your race, which is unlawful.
However, anti-discrimination laws do allow for clubs to be exclusive in their membership, but only if the purpose of such exclusivity is to promote social interaction between the members of a particular racial or ethnic group.
If you were to lodge a complaint, alleging discrimination on the ground of race with an anti-discrimination agency, enquiries can be made to establish whether the soccer club does have a genuine exclusive membership, as allowed by the law.
If anyone has any questions about discrimination in the area of sport or in any other area, please feel free to contact our office on 1300 305 062 or 6233 4841, or have a look at our website at www.antidiscrimination.tas.gov.au.
In 2001 the All Australia Netball Association (AANA) decided that women who were pregnant could no longer play in competitions sanctioned by the AANA.
Adelaide Ravens netball player Trudy Gardner was pregnant at the time and was banned from playing for her team in the National Netball League. She subsequently lodged a complaint of sex discrimination with the Federal Human Rights and Equal Opportunity Commission and gained an injunction to allow her to continue to play pending the outcome of her complaint, which was subsequently referred to the Federal Magistrates Court.
In March 2003, Trudy Gardner won her two year case when Magistrate Kenneth Raphael found Netball Australia discriminated against Gardner by banning her from playing three games in the 2001 season while she was 15 weeks pregnant.
He said the ban contravened the Sex Discrimination Act 1984, and ordered Netball Australia to pay Gardner $6750 in compensation for lost match fees and damages, as well as costs.
The former Human Rights and Equal Opportunity Commission will be legally known as the Australian Human Rights Commission from 5 August 2009.
The Commission changed its operating name to the Australian Human Rights Commission last year as part of updating its corporate identity.
As of 5 August, however, the change becomes law.
The new name reflects the fact that the Commission is Australia's national human rights institution with the responsibility to protect and promote human rights throughout all Australia.
The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) has also changed the name of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) to the Australian Human Rights Commission Act 1986 (Cth) and made some changes to the procedure for complaints of unlawful discrimination brought under that Act.
The amending legislation has also made a range of changes to the Disability Discrimination Act 1992 (Cth) that improve protections against discrimination for people with disability.
For further information see: www.humanrights.gov.au
Transgender
A male-to-female transgender person was a member of a golf club for several years. She had been using the female toilets during that time. One day she was told by management to use the men’s toilets. She tried to resolve the problem with the club without success. She then complained to the Board. At a conciliation conference, the club director agreed to change the club’s records to reflect the member’s female name and to allow her to use the female toilets without restriction. He also agreed to provide training to staff on anti-discrimination legislation.
http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_cases
Disability
A woman complained that the gym she was a member of discriminated against her in the manner they provided her with services to the gym. When she joined the gym she explained that she had a muscular skeletal disorder and was persuaded to join the gym to attend the pilates class. The woman discovered she was unable to attend pilates classes as she feared she would injure herself. When she attempted to address her concerns with he management of the gym she believed she was treated poorly.
Outcome =$799 refund of gym membership http://www.equalopportunity.wa.gov.au/discrimination.html#ccomplaints
Thanks to the NSW and Queensland Anti-Discrimination Commissions for these conciliation summaries.
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King Island
The Anti-Discrimination Commissioner, Sarah Bolt and Training Consultant, Roz Smart visited King Island in August to deliver training to King Island local businesses and meet community representatives.
Training delivered included Diversity, Discrimination, Harassment and Bullying in a Nutshell and Contact Officer training . The Commissioner's itinerary included meetings and speaking engagements with the Principal and staff at King Island District High School, Sergeant Fox at King Island Police Station, the Mayor and Alderman of King Island Council and the King Island Country Womens' Association.
It was great to experience some fantastic King Island hospitality and to have the opportunity to deliver the Anti-Discrimination message to one of the more remote parts of Tasmania.
Thanks to all the businesses and individuals that were involved.
| COURSE | DATES | LOCATION | TIMES | |
|---|---|---|---|---|
Contact Officer/Person Role |
Monday 14th&Tuesday 15th September |
Hobart |
1.00pm-5.00pm&9.00am-2.00pm |
$400.00 |
Contact Officer/Person Role |
Monday 28th&Tuesday 29th September |
Devonport |
1.00pm-5.00pm&9.00am-2.00pm |
$400.00 |
Workplace Diversity and You |
Monday 28th September |
Devonport |
9.30am-11.30am |
$100.00 |
For more information please go to;
http://www.antidiscrimination.tas.gov.au/training_calendar
or to register for a training course; http://www.antidiscrimination.tas.gov.au/forms
The MPIO is the first point of call in a club, state or national sporting organisation for any queries, complaints or concerns around harassment, discrimination and child abuse in sport. The MPIO provides confidential information, moral support and options to help resolve the issue (MPIOs do not investigate or resolve conflicts).
The revised MPIO Course (formerly known as Harassment Contact Officer Course or Member Protection Officer Course) will cover discrimination, harassment and abuse in sport; sport and anti-discrimination law; understanding child abuse and child protection; the MPIO role; complaint resolution procedures; listening and responding effectively; meeting with a contact; and ethical and practical considerations.
Participants will also learn practical skills that will assist them in taking on the role of MPIO. Course participants need to be nominated by or have the support of their sporting organisation and have knowledge of their sport’s Member Protection Policy (MPP) or other similar/relevant policies.
People who take on the role of MPIO need to be:
Sport and Recreation Tasmania is offering this workshop at no cost to participants; however, numbers are limited so book early to avoid missing out.
To register or for more information contact:
Julia Tomat
AFL and Sport and Recreation Tasmania
Sport and Recreation Tasmania and AFL Tasmania are serious about young AFL players enjoying the game in a positive environment. So serious, in fact, there is a new inclusion in AFL Tasmania’s Funding Agreement - that Play by the Rules familiarisation and training sessions are run for all aspiring level 1 coaches.
It’s one of a number of measures that AFL Tasmania and Sport and Recreation have developed to promote a safe, inclusive environment for players, officials and spectators.
Under the 2009-11 Agreement, which was developed collaboratively by the two bodies, all AFL coaches undertaking the Level 1 Coaching Course are given a presentation on Play by the Rules by the Course Facilitator. They’re taken through the site, including the online training component, discuss issues that may arise and how they can be handled, and talk through their responsibilities. All coaches are then given Play by the Rules cards with the web address for their use and ongoing reference. Through this simple but significant process, around 100 AFL coaches a year in Tasmania will be better equipped to keep the sport inclusive, safe and fair.
Sport and Recreation’s Executive Director, Craig Martin, is an Accredited Level 2 AFL Coach himself. He believes incorporating Play by the Rules into AFL Tasmania’s funding agreement is an important step to embedding awareness of the principles of fair play into the sport.
“Kids who play any kind of sport really just want to be part of something with their friends and to have fun. We all need to remind ourselves of that and to sometimes remind others involved – whether they be parents, spectators or coaches themselves”, Martin said. “Coaches are critical role models and teachers and they have a big role to play in building the capacity of their sport. This includes modelling good behaviour and knowing how to help others to model that too”.
Martin says that feedback from the pilot has been very positive to date, and that a similar approach could be adopted for other sports if proven successful.
The AFL pilot will be assessed at the end of the year, and will include quantitative measures such as numbers of courses run, participants involved and amount of material distributed; and qualitative measures such as changes in attitudes and behaviour.
“It’s a straightforward approach but so far it seems to be an effective one”, Martin says. “The most important thing is that our young people enjoy their experience of sport so it’s positive for them and that, ideally, they stay involved in sport and physical activity all their life”.
For more information:
Craig Martin, Executive Director, Sport and Recreation Tasmania
Womensport and Recreation Tasmania Inc (WSRT) is a dynamic group dedicated to improving opportunities in sport and regular physical activity for women and girls.
In Australia, there are only half as many women as men taking part in regular sporting activity. Womensport and Recreation Tasmania believe it is important to address this imbalance and enable and encourage women to become involved in regular physical activities.
Our main objective is to encourage all women and girls to participate in physical activity. To achieve this we are focusing on ways that we can provide support to sporting organisations in their actions to address inequitable practices.
The organisation also aims to provide a platform for women’s sport and recreation groups to communicate and share their common problems and solutions
Under the guidance of Play by the Rules WSRT hopes in the near future to be able to assist sporting and recreational clubs and groups provide Member Protection Information Officer (MPIO) services to Tasmanian sporting and recreation clubs and associations that need assistance.
Our first step toward this has been for members of our Board and staff to complete training to become MPIOs.
A MPIO is the first point of call in a club or sporting organisation for any enquiries, concerns or complaints around harassment and abuse. The MPIO provides confidential information and moral support to the person with the concern or who is alleging harassment.
Member protection is a term used by the Australian sports industry to describe the practices and procedures that need to be put in place within sports to protect their members (both individual and organisational) from discrimination, harassment, abuse and other forms of inappropriate behaviour.
For more information about WSRT go to http://www.wsrt.org.au/
During Safe Work Week, 25 – 31 October 2009, WorkCover Tasmania is coordinating a program of free seminars, workshops and activities for both workers and employers to increase their health and safety skills and knowledge.
Now in its 14th year, the Week presents a focussed time for workers and employers to make a specific effort to talk about safety and what is and isn’t working in their workplaces.
WorkCover will be holding free seminars and workshops in the Launceston on Monday 26 and Tuesday 27 October, in Burnie and Rosebery on Wednesday 28 October and in Hobart on Wednesday 28, Thursday 29 and Friday 30 October.
By attending a seminar or workshop during the Week and increasing your OHS knowledge, you could avoid becoming a safety statistic.
A full program of events including information about registering for a seminar or workshop during the Week will be available on the WorkCover website www.workcover.tas.gov.au (click on Safe Work Tasmania Week) at the end of August. So make a note in your diary!
You can register to attend a seminar or workshop by phone, online and fax.
Register early to avoid disappointment! Sessions will fill fast.
Remember, safety is everyone’s responsibility.
Safe Work Tasmania Week is part of the national Safe Work Australia Week.
For enquires about Safe Work Tasmania Week contact Stephanie on 62338440.
http://www.internationaldayofpeace.org/
Australia's flagship event, coordinated each year by NAPCAN, maintains a national focus on prevention of child abuse and neglect.
To lodge a complaint or seek further information, contact the office or visit the website. Please note the office is unable to provide legal advice to parties of a complaint.
Office of the Anti-Discrimination Commissioner
Level 1, 54 Victoria Street, Hobart, Tasmania 7000
GPO Box 197, Hobart, Tasmania 7001
Telephone 1300 305 062 (local call) or (03) 6233 4841
Facsimile (03) 6233 5333
TTY (03) 6233 3122
Email antidiscrimination@justice.tas.gov.au
Website www.antidiscrimination.tas.gov.au
Please advise the office prior to an appointment if you require special assistance or the services of an Interpreter /Auslan.
Readers who have particular topics they wish to know more about or items to include in the next edition are encouraged to contact the Editor of this publication.
Any comments/feedback about the newsletter to ensure it is a useful resource and information-sharing tool for our readers would be welcomed.
Newsletter editor: Roz Smart telephone: (03) 6233 7832 or email roz.smart@justice.tas.gov.au
The views expressed in articles by external contributors are not necessarily endorsed by the OADC and no responsibility is accepted by the OADC for the accuracy of information contained in this newsletter.
