AUSTRALIAN FOOTBALL LEAGUE GENDER DIVERSITY POLICIES FAQS ELITE AND COMMUNITY FOOTBALL
Issued 1 October 2020 GENDER DIVERSITY POLICIES FAQS
1. What do the AFL’s Gender 2. Why do we need Gender Diversity 3. Why are there two policies? 4. Who do the Gender Diversity Diversity Policies do? Policies in Australian Football? Policies apply to? The Elite Football Policy applies The AFL’s Gender Diversity Policies Australian football is a game for to AFLW and AFL and to: The Gender Diversity Policies apply outline the AFL’s positions with respect everyone, regardless of background, to the following gender diverse State League football competitions to the participation of transgender and race, religion or gender. people wanting to play in Elite or (i.e. the premier football competition non-binary people in Elite Football and Community Football competitions: As such, the AFL is committed to in each State and Territory) being: Community Football competitions. supporting gender diverse people Trans women, being persons who were in women’s football, VFLW, WAFLW, It is intended that the Policies be participate in our sport and has developed assigned the male gender at birth but SANFLW, QAFLW, AFL Sydney Women’s adopted and applied across all policies to ensure they can participate whose gender identity is female; Premier Division, AFL Canberra Australian Football competitions. in a safe and inclusive environment. Women’s First Grade, NTFL Women’s Trans men, being persons who were The Policies provide information and Premier League and TSL Women’s; assigned the female gender at birth guidance for Leagues, Clubs, Players but whose gender identity is male; in men’s football, VFL, WAFL, and other participants in delivering on SANFL, QAFL, AFL Sydney Men’s Non-binary people, being persons that commitment, noting that gender Premier Division, AFL Canberra assigned either the male or female gender diverse people already play and Men’s First Grade, NTFL Men’s at birth, but who identify as having a participate in some competitions. Premier League and TSL; gender which is neither ‘male’ nor ‘female’. The AFL and Australian Football leagues Elite pathway competitions, being: more generally are also legally obliged to 5. Who did the AFL consult with in not discriminate against people because in women’s football, NAB League Girls developing these Policies? of their gender identity (i.e. if they are (Under 19) and National Championships trans or non-binary) save for where the (Under 17 and Under 19); The AFL undertook a comprehensive exception in sport arises, that is where consultative process in the development in men’s football, NAB League Boys relevant issues of strength, stamina or of these Policies, including meeting (Under 19) and National Championships physique arise and have an appreciable with representatives of State Bodies, (Under 17 and Under 19). effect on the ability of a trans woman a number local community leagues, or non-binary player to compete (as The Community Football Policy applies to the Australian Sports Drug Medical compared to cisgender players, being all other Australian Football competitions Advisory Committee (ASDMAC), inclusion players whose gender identity aligns with not covered by the Elite Policy. subject matter experts including Pride the gender they were assigned at birth). in Sport, gender diverse players and advocates and cisgender players.
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6. Didn’t the AFL/AFLW already have 8. Does the Elite Football Policy allow 10. Why does the level of 5 nmol/L need to be 12. Why does the Policy treat trans women a Gender Diversity Policy? trans women and non-binary people maintained for at least a two-year period? and non-binary people in the same to play in the AFLW, State Leagues way for elite football competitions? Yes, the AFL introduced a Gender Diversity Research demonstrates that testosterone and elite pathway competitions? Policy for the AFL/AFLW back in August levels in a cis-gendered woman will not The Policy operates to ensure that both 2018 and it has now been amended. Yes, subject to the satisfaction of some normally exceed 5 nmol/L and that is the trans women and non-binary people do requirements designed to ensure any usual threshold now imposed on athletes not have a relevant competitive advantage 7. What is different in the new safety concerns are reasonably considered in comparable elite sports. Given the over cisgender players in elite football Elite Football Policy? and to ensure that a gender diverse physical nature of Australian Football, competitions. The same requirements applicant does not have a relevant it is considered that maintenance of and processes that the AFL has adopted The Elite Football Policy is largely the competitive advantage (in terms of testosterone at or below that level for in considering an application by a same as previously, although it now their strength, stamina or physique) at least 2 years is reasonable to ensure trans woman are suitable for assessing applies to more elite football competitions, over cisgender players in those elite that the competitive advantage of higher competitive advantage in relation to namely the State League competition competitions. Elite competitions for levels of testosterone have dissipated non-binary people (noting that certain (or equivalent) in each State and women involve remuneration and other to an acceptable degree at the time the requirements may be set aside where Territory of Australia and elite pathway non-financial benefits for its participants trans or non-binary person proposes the applicant to play in an elite women’s competitions for underage players or a pathway to such competitions. to play against cisgender players in football competition is a non-binary person who aspire to play elite football. The The AFL accordingly considers it the elite football competition. assigned the female gender at birth). broadened application of the Elite Football appropriate that it act to ensure that no Policy reflects, in particular, the further gender diverse player has a significant 11. Who makes the decision on 13. Why does the Policy treat trans men and development of women’s football. advantage over another because of whether a trans woman or non- non-binary people differently for AFL? The Elite Football Policy also now has a their strength, stamina or physique. binary person can play? Speaking generally, trans men and non- clearer process for dealing with safety An application by a gender diverse person binary people generally can nominate for concerns arising from the (potential) 9. What does a trans woman or non-binary will be considered by the Committee the AFL draft and play in the AFL and other involvement of a gender diverse person person have to prove to be able to play? drawing on relevant expertise across elite men’s football competitions without in an elite football competition with They must show that their testosterone the AFL and externally as required. The the same requirements or assessment as such matters to be considered by the levels are below 5 nanomoles per litre applicant will have an opportunity to make trans women and non-binary people for AFL GDP Committee (Committee). of blood at the time they apply and have submissions on a provisional decision by the AFLW and other elite women’s football been so for at least the previous 2 years the Committee to refuse an application competitions. This is because there is before the date of their application. and can also seek review of a final decision not the equivalent potential for relevant They also must provide a range of data to refuse an application. Where an competitive advantage in favour of trans about their physical characteristics and application is approved by the Committee, men and non-binary people generally athletic output that will be compared to the person will need to maintain their over cisgender male players in the AFL. data from cis-gendered players in the testosterone levels below 5 nmol/L and relevant elite football competition. will be subject to ongoing testing.
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14. How is the Community Football Policy 15. How does a person raise safety 16. Can gender diverse people use 18. Who makes up the Committee? different to the Elite Policy? concerns and who makes the testosterone whilst playing in The Committee will be comprised of decision on safety risks? community football competitions? In general terms, transgender women representatives of the AFL and will may play in women’s community Community Football Leagues first consult Where a trans or non-binary person draw upon relevant expertise across football competitions, transgender with their relevant State Body (e.g. AFL is playing in a community football the AFL and externally as required. men may play in men’s community NSW/ACT) with respect to safety concerns competition, they are not subject football competitions and non-binary that they have identified or as may be to compliance with a maximum people may play in the community alerted to them by a participant in a testosterone threshold. football competition of their choice. community football competition and if That said, externally administered such concerns are not resolved the matter Under the Community Football Policy testosterone is a prohibited substance must be elevated to the Committee. (unlike the Elite Football Policy), gender under the Anti-Doping Code, subject diverse players may not be excluded for If the Committee is satisfied on a to approval being granted by the reasons of relevant competitive advantage preliminary basis that unacceptable relevant regulator (with further over cisgender players in the competition. safety concerns may arise (say if there information provided in the Policy). is a significant disparity in the gender This general position is subject, in diverse player’s physique as compared particular, to there not being unacceptable 17. What if a trans woman wants to play in to that of cisgender players in the same safety risks arising from the gender a men’s football competition or a trans competition) it will undertake a risk diverse person’s participation in the man in a women’s football competition assessment that will consider, amongst community football competition. (i.e. in a competition that does not other things, whether the applicable rules align with their gender identity)? of the competition are unable to safely manage identified risks. The Committee Leagues must refer such will ultimately determine whether the matters to the Committee for gender diverse person is permitted to play. consideration/determination.
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