Julia Gillard’s government removed sex-based protections from the Sex Discrimination Act in 2014. This leaves women in hospitals, prisons, nursing homes and in the community facing males who appropriate womanhood as intimate carers. It could be against the law to object to these men in such roles.

Lee Hazel is a woman in her 30s who is approaching the need for personal disability care, which involves intimate care, as her MS progresses. She wrote to the Sex Discrimination Commissioner to ask her to clarify whether or not ‘sex’ overrules ‘gender identity’ in this area. The answer is vague, confusing and very unclear.

This is another reason why Sall Grover’s case in April is so important. Where sex and gender identity clash, which one will prevail?

I have included the full correspondence and Lee’s response below. The implications of this are very disturbing for all Australian women.

I have written to the Sex Discrimination Commissioner, Dr Anna Cody, seeking clarification on whether I have a permanent exemption under the Sex Discrimination Act to advertise for & hire a natal female, irrespective of gender identity, in the role of personal disability carer. pic.twitter.com/XzmGCYAVvI

— Lee Hazel (@LeeForWomen) December 5, 2023