A member of the public, A. Johnsen, has followed up with the Australian Human Rights Commission Chief Executive Leanne Smith after the Commission’s national “The Answer Is Human Rights” seminar series. At events in Perth, Adelaide, and Sydney in June 2026, AHRC representatives directed women seeking to protect female-only spaces to apply for case-by-case exemptions under the Sex Discrimination Act, rather than pursuing legislative reform. This stance was questioned in light of the Federal Court’s April 2026 finding in the Lesbian Action Group case that the AHRC’s exemption guidelines are deficient.
In his 30 June follow-up, Mr Johnsen pressed for a timeline to update the guidelines. On 1 July 2026, Ms Smith confirmed that the guidelines (along with others) are under review by the AHRC’s Legal Team, with completion targeted by the end of 2026, referencing the Court’s comments on s 10A of the AHRC Act. While this acknowledges the deficiency, it leaves women’s groups navigating an uncertain process in the meantime and does not address calls for broader legislative reform to prioritise sex-based rights. Women Speak Tasmania will continue monitoring developments alongside our state-level advocacy.
Below is the correspondence:
Email sent on the 18 June 2026
Dear Ms Smith,
I was in attendance at Wednesday night’s AHRC seminar at Parramatta Town Hall. I wanted to follow up on one question asked by a woman in the audience towards the end. The panel did not answer the question.
The question centred around the AHRC’s comment at the Perth seminar that, because of the ‘narrow area of intersection’ between women’s sex-based rights and gender identity, women would need to seek exemptions in order to protect female-only spaces. I use the term ‘female-only’ to describe an adult human female, and does not include trans-identifying men.
When the Lesbian Action Group applied for an exemption, it was rejected. On appeal by the LAG, a Federal Court found the AHRC’s exemption guidelines to be deficient.
On Wednesday night, the Sydney panel was asked when the AHRC intended to update those guidelines.
AHRC Disability Discrimination Commissioner Rosemary Kayess simply pointed to the existing guidelines, which have been declared deficient, by the Federal Court.
Aboriginal Legal Service Acting CEO Sharif Deen avoided the question by suggesting that only governments and ministers have the power to change legislation, however the SDA was not being questioned, in that instant, but the AHRC’s guidelines for which it does have the power, and obligation, to ensure clarity and that women, or anyone, do not have to navigate a complex and deficient process.
Ms Smith, if you are, by your position, unable to answer this question, I ask you to please forward it to the relevant person. If you could advise who that is, I would very much appreciate it, otherwise I look forward to your response.
Regards,
A. Johnsen
Follow-up on the 30 June 2026
Subject: Att: Leanne Smith – AHRC seminar Sydney
Hello, I am following up on an email I sent June 18, 2026.
For clarity, I am seeking updated exemption guidelines, as the Federal Court has deemed the AHRC’s current guidelines ‘deficient’. I would suggest it unwise for anyone to refer to ‘deficient’ exemption guidelines, as any decisions arising from them would likely be questionable.
Regards,
A. Johnsen
Reply from Leanne Smith on 1 July 2026 – AHRC seminar Sydney
Dear Mr Johnsen,
I am glad you were able to join us at Parramatta Town Hall for our 40th anniversary event.
Thank you for your email seeking clarification about the review of the Commission’s guidelines for temporary exemptions under the Sex Discrimination Act 1984 (Cth). Justice Moshinsky of the Federal Court said at paragraph 125 in his judgement that these guidelines should include consideration of s 10A of the Australian Human Rights Commission Act 1986 (Cth). These guidelines, along with the temporary exemption guidelines relevant to other legislation, are undergoing review by our Legal Team and we aim for this work to be completed by the end of the year.
For further information about the Commission’s work please head to our website, linked below.
Best Wishes,
Leanne
Leanne Smith
Chief Executive
Australian Human Rights Commission