Common sense ruling shows why Parliament must act on sex-based rights

Federal Member for Lyne Alison Penfold has welcomed a Queensland tribunal appeal ruling in the Jasmine Sussex case, saying it reinforces the need for Parliament to provide clarity in Australian law about sex-based rights.

The Queensland Civil and Administrative Tribunal appeal panel has overturned an earlier ruling which prevented Ms Sussex from obtaining information about the process used by a transgender woman to induce lactation and the substance subsequently fed to a baby.

The appeal panel found the earlier decision involved errors of law amounting to a “substantial miscarriage of justice” and ruled the information could be relevant to whether Ms Sussex’s comments were made reasonably and in good faith for public interest purposes. 

Ms Penfold said the decision was an important recognition that Australians must be able to raise legitimate questions about matters of sex, biology, health and the welfare of children.

She said the ruling was a welcome dose of common sense, but Australians should not have to fight lengthy and expensive legal battles simply because Parliament had failed to provide sufficient clarity in the law.

“Whatever someone’s gender identity, there must remain room in Australian law to recognise biological sex and to discuss its consequences openly and respectfully,” Ms Penfold said.

“When our laws leave fundamental questions about sex and gender identity to be fought out case by case in tribunals and courts, ordinary citizens carry the cost and consequences of Parliament’s failure to act.

“That isn’t good enough.

“Parliament makes the law, therefore, Parliament has a responsibility to make the law clear.”

Ms Penfold introduced the Sex Discrimination Amendment (Sex-based Rights) Bill 2026 into the House of Representatives on 25 May. The Bill remains before the House and would amend the Sex Discrimination Act to clarify definitions including woman, man and gender identity, and provide for sex-based services, activities and spaces for women. 

“My Bill does not seek to deny anybody dignity or protection from discrimination,” she said.

“It seeks to restore clarity where sex matters and ensure the rights of women and girls are properly recognised in Australian law.

“This issue is not going away because the Albanese Government would prefer not to debate it.

“Every time an Australian is forced into a tribunal or court to determine how sex and gender identity interact under our laws, we are reminded why Parliament needs to do its job.

“I am calling on the Albanese Government to bring my Sex-based Rights Bill on for debate.

“If Labor disagrees with it, come into the Parliament and argue the case. If the Government believes the existing law is adequate, explain why.

“But don’t leave Australian citizens to bear the financial, personal and emotional consequences of ambiguity that Parliament has the power to resolve.

“It is time for the Parliament to have this debate openly, respectfully and honestly — and it is time for the Government to bring my Bill on.”