GENDER DIVERSITY POLICY - AUSTRALIAN FOOTBALL LEAGUE ELITE FOOTBALL Issued 1 October 2020 - St Mary's Sporting ...

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AUSTRALIAN FOOTBALL LEAGUE

GENDER
DIVERSITY
POLICY
ELITE FOOTBALL

Issued 1 October 2020
CONTENTS

                  Introduction_______________________________________________________ 4

                  Scope and Operation of Policy _________________________________ 6

                  Understanding Gender Identity ________________________________ 8

                  Application by trans women and non-binary people
                  to play in Elite Football Competitions (Women)
                  and Elite Pathway Competitions (Women) ____________________ 9

                  Eligibility of trans men and non-binary people
                  to play in Elite Football Competitions (Men)

 GENDER           and Elite Pathway Competitions (Men) _______________________ 15

DIVERSITY         Research __________________________________________________________ 16

 POLICY           Privacy & Personal Information _______________________________ 16

                  Anti-Doping ______________________________________________________ 17
 ELITE FOOTBALL
                  Enquiries _________________________________________________________ 17

                  Glossary __________________________________________________________ 18

                                                                      GENDER DIVERSITY POLICY (ELITE FOOTBALL) | 3
INTRODUCTION

This Policy outlines the AFL’s position          Both State and Federal legislation prohibits     In August 2018, the AFL released its          The AFL’s consultation process in respect
in respect to the participation of               discrimination against a person on the           Gender Diversity Policy – Elite Football      of this Policy included meeting with
transgender and non-binary people in             basis of their gender identity in different      to facilitate inclusion of gender diverse     representatives of a number of State Bodies,
elite Australian Football competitions.          areas of public life, including sport. An        players in the competitions known as the      local leagues, the Australian Sports Drug
                                                 exception arises under various legislation       AFLW and the AFL. That Policy also noted      Medical Advisory Committee, inclusion
The AFL recognises that Australian
                                                 to permit discrimination in sport on the         that it would be reviewed at least every 24   subject matter experts including Pride in
Football is not just a sporting game.
                                                 basis of gender identity where the relative      months following it having been issued        Sport, and gender diverse and cisgender
Australian Football is a beloved game
                                                 difference in strength, stamina or physique      to ensure it appropriately reflected the      players. We thank and acknowledge those
that plays an important role in bringing
                                                 of a trans or non-binary player is significant   evolving nature of Australian Football.       who participated in this process. Following
families and communities together.
                                                 in the sense that it has an appreciable                                                        this consultation process, this updated
                                                                                                  In June 2019, the Australian Human Rights
The AFL is committed to the inclusion of         effect on their ability to compete. The                                                        Policy, a Community Football Policy and
                                                                                                  Commission, in partnership with Sport
gender diverse people in our game. The AFL       capacity to utilise this exception requires                                                    the companion document to these policies
                                                                                                  Australia and the Coalition of Major
intends that gender diverse players who are      an evidence-based assessment.                                                                  were reviewed, finalised and endorsed
                                                                                                  Professional and Participation Sports,
registered to play football in the competition                                                                                                  by the AFL Executive and Commission.
                                                 The provision to all people of an equal          including the AFL, released the Guidelines
that accords with their identified gender are
                                                 opportunity to participate in an Australian      for the Inclusion of Transgender and Gender   This Policy provides a framework for the
supported in doing so in a safe and inclusive
                                                 Football competition necessarily involves        Diverse People in Sport. Those guidelines     inclusion of gender diverse players at
environment. Harassment and discrimination
                                                 the provision of an equal opportunity to         provide practical assistance on how to        the elite level of Australian Football.
of gender diverse players engaging in
                                                 be competitive and to win. This requires         create and promote an inclusive environment
Australian Football at any level is not
                                                 an appropriate balance to be reached             in Australian sport for transgender and
tolerated and will be handled in accordance
                                                 between the interests of inclusion and           gender diverse people and are relevant
with the applicable rules and regulations of
                                                 ensuring a fair competition for all.             to all levels of sporting organisations.
the relevant Australian Football competition.

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SCOPE AND OPERATION
OF POLICY
This Policy applies to all trans and non-           Š “Elite Pathway Competitions”                This Policy outlines the AFL’s position in        The AFL also acknowledges the importance
binary persons who genuinely seek                     are, in relation to:                        respect to the participation of trans and         of providing guidance around the inclusion
to play in an elite Australian Football                                                           non-binary people in Elite Football, and          of persons with an intersex variation. The
                                                       Š women’s football, the women’s football
competition, noting that in this Policy:                                                          (where appropriate) the procedure that will       AFL respects the need to consult on, and
                                                         competitions known as at the date of
                                                                                                  be followed in assessing an application           states its intention to develop, a policy that
Š “Elite Football” is used to                            this Policy as NAB League Girls (Under
                                                                                                  made by a trans or non-binary person              address the participation of persons with an
  collectively describe “Elite Football                  19) and National Championships
                                                                                                  to play in an Elite Football Competition          intersex variation in Australian Football.
  Competitions” and “Elite Pathway                       (Under 17 and Under 19) (Elite
                                                                                                  or Elite Pathway Competition.
  Competitions” as described below;                      Pathway Competitions (Women));                                                             This Policy will be reviewed at least every
                                                                                                  It is the AFL’s view that the relative priority   24 months from the date it is first issued,
Š “Elite Football Competitions”                        Š men’s football, the men’s football
                                                                                                  of considerations of competitive advantage        and may be amended from time to time to
  are, in relation to:                                   competitions known as at the date of
                                                                                                  and social inclusion may differ between Elite     ensure it appropriately reflects the evolving
                                                         this Policy as NAB League Boys (Under
   Š women’s football, the competition                                                            Football and Community Football, noting the       nature of Australian Football and research
                                                         19) and National Championships
     known as AFLW and State League                                                               former has the greatest potential rewards,        relating to the inclusion of gender diverse
                                                         (Under 17 and Under 19) (Elite
     women’s football competitions (or                                                            including remuneration, for participants.         people in competitive sport. In connection
                                                         Pathway Competitions (Men));
     equivalent), namely VFLW, WAFLW,                                                                                                               with that periodic review, the competitions
                                                                                                  The AFL acknowledges the importance of
     SANFLW, QAFLW, AFL Sydney Women’s                  (collectively, Elite Pathway                                                                included in the definitions of Elite Football
                                                                                                  providing guidance around the inclusion
     Premier Division, AFL Canberra                     Competitions); and                                                                          Competitions and Elite Pathway Competitions
                                                                                                  of gender diverse people in Community
     Women’s First Grade, NTFL Women’s                                                                                                              will be evaluated and subject to amendment.
                                                    Š “Community Football” is used in this        Football and has separately released a
     Premier League and TSL Women’s (Elite
                                                      Policy to describe all competitions that    Gender Diversity Policy for Community
     Football Competitions (Women));
                                                      are not Elite Football Competitions         Football (Community Football Policy).
   Š men’s football, the competition                  or Elite Pathway Competitions. As
     known as AFL and State League men’s              noted below, Community Football is
     football competitions (or equivalent),           dealt with by a separate policy.
     namely VFL, WAFL, SANFL, QAFL, AFL
     Sydney Men’s Premier Division, AFL
     Canberra Men’s First Grade, NTFL
     Men’s Premier League and TSL (Elite
     Football Competitions (Men));

     (collectively, Elite Football Competitions);

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UNDERSTANDING                                                                                  Application by trans women and non-binary people
                                                                                               to play in Elite Football Competitions (Women)
GENDER IDENTITY                                                                                and Elite Pathway Competitions (Women)

Unlike sexual orientation, which relates to     A glossary of terms relevant to                Trans women and non-binary people                    Application for approval to play
an individual’s romantic or sexual attraction   understanding transgender and non-             are eligible to play in Elite Football               in an Elite Football Competition
toward others, gender identity is about how     binary experiences and gender identity         Competitions (Women) and Elite Pathway               (Women) or Elite Pathway
an individual perceives their own gender.       is set out at the end of this Policy.          Competitions (Women), provided:
                                                                                                                                                    Competition (Women)
Gender expression refers to an                  Administrators, coaches, players and other     (a) they comply with all applicable laws, rules
                                                                                                                                                    A trans woman or a non-binary person who
individual’s external expressions of            participants in Australian Football should         and regulations of the relevant competition
                                                                                                                                                    seeks to play in the AFLW (Applicant) must
gender, for example, through:                   refer to guidance material published by the        including, but not limited to, the Australian
                                                                                                                                                    lodge an application for approval with the
                                                AFL and by bodies such as the Australian           Football Anti-Doping Code, in particular
Š behaviour, voice and speech patterns;                                                                                                             AFL (Application). An Application must be
                                                Human Rights Commission and the Victorian          with respect to the use of testosterone;
                                                                                                                                                    submitted to the AFL (including by email
Š names and pronouns used                       Equal Opportunity and Human Rights
                                                                                               (b) the AFL, acting reasonably, is satisfied that    to aflgdp@afl.com.au) using the form
  to identify oneself;                          Commission in supporting gender diverse
                                                                                                   unacceptable safety risks do not arise from      available at www.afl.com.au/policies.
                                                people to participate in Australian Football
Š clothing;                                                                                        the person’s (potential) participation in the
                                                in a safe and inclusive environment.                                                                An Application to play in the AFLW should
                                                                                                   relevant competition (whether that be risks
Š personal appearance; and                                                                                                                          be lodged as soon as practicable after
                                                                                                   to the safety of the gender diverse player
                                                                                                                                                    the opening of the time period for AFLW
Š social interactions.                                                                             or risks to the safety of other players), such
                                                                                                                                                    draft nominations. Applications may
                                                                                                   risks having been assessed in accordance
Administrators, coaches, players and                                                                                                                only be made during the time period that
                                                                                                   with appropriate risk management
other participants in Australian Football                                                                                                           AFLW draft nominations are open.
                                                                                                   procedures (where necessary); and
should seek at all times to use language                                                                                                            An Application to play in all other Elite
that is respectful and inclusive, including                                                    (c) the person’s application for approval
                                                                                                                                                    Football Competitions (Elite) and Elite Pathway
by referring to all people, including those                                                        to play in the relevant competition is
                                                                                                                                                    Competitions (Women) must be submitted
who are transgender or non-binary, by                                                              approved by the AFL in accordance
                                                                                                                                                    in accordance with guidance to be provided
the name and pronoun they use (e.g. she                                                            with the operation of this Policy.
                                                                                                                                                    by those competitions applying this Policy.
/ her; he / his / him; they / them).
                                                                                               The AFL may at its sole discretion set aside
                                                                                               selected eligibility requirements, say
                                                                                               where the following circumstances apply:

                                                                                               Š the Applicant is a non-binary person
                                                                                                 assigned the female gender at birth; or

                                                                                               Š the Applicant provides reliable evidence
                                                                                                 of the use of medical treatments (such
                                                                                                 as puberty blockers) continuously
                                                                                                 since prior to the onset of puberty.

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Information required for Application                             Š match raw GPS data (sample                      The Applicant will be required to                In considering the Application, the AFL
                                                                   of three (3) Australian Football                provide a copy of any Therapeutic                GDP Committee will have regard to:
The Applicant must provide the following                           matches if available); and                      Use Exemption granted to them
information to enable the AFL to assess                                                                                                                             Š all information and data
                                                                 Š 2 kilometre run time.                           through Sport Integrity Australia.
the relevant aspects of their strength,                                                                                                                               provided by the Applicant;
stamina or physique having regard to                             The AFL may also conduct testing of the           Process for assessment                           Š all data collected by the AFL as
the particular characteristics of the                            Applicant to collect data in relation to
                                                                                                                   of Application                                     part of the Application;
competition the subject of the Application:                      the measures set out at item (c) above
                                                                 and the Applicant must, as a condition            The AFL has or will appoint a committee of AFL   Š any information relevant to the
(a) medical records that establish that
                                                                 of the Application process, cooperate             persons which comprises members covering           assessment of player safety;
    the Applicant’s total testosterone
                                                                 in the provision of that data.                    at least the following areas of expertise:       Š any relevant third-party data, including
    level in serum, has been maintained
    below 5 nmol/L1 for at least 24 months                       The AFL considers that the presence of            Š high performance;                                but not limited to statistical information
    prior to the date of the Application;                        testosterone levels above the thresholds set                                                         maintained in respect of the Applicant’s
                                                                                                                   Š women’s football operations;
                                                                 under this Policy would provide an Applicant                                                         participation in other competitive sports;
(b) a medical report from the Applicant’s                                                                          Š inclusion and social policy;
                                                                 with a relevant, and significant, disparity in                                                     Š research and other information relating
    treating practitioner which documents                                                                          Š risk;
                                                                 the Applicant’s strength, stamina or physique                                                        to the inclusion of gender diverse
    the maintenance of their testosterone
                                                                 and consequential competitive advantage.          Š legal;                                           people in competitive sport; and
    levels over the 24 month period prior
                                                                 An Applicant will not be regarded in breach       Š medicine and mental health; and
    to the date of the Application;
                                                                 of this requirement if occasional spikes in                                                        Š any evidence of any significant
                                                                                                                   Š anti-doping,                                     difference or competitive advantage
(c) to the extent available to the Applicant and                 their total testosterone levels arise during
    unless otherwise advised by the AFL, data                    the 24 month period prior to the date of the      (AFL GDP Committee).                               arising from the Applicant’s
    over the 24 month period2 prior to the date of               Application that are clinically consistent with                                                      participation in Community Football.
                                                                                                                   The AFL GDP Committee will consider and
    the Application pertaining to the Applicant’s:               the maintenance of the Applicant’s transition.    where necessary determine all matters            The AFL GDP Committee may also have
Š height;                                                        The AFL may also have regard to longitudinal      referred to it in connection with this Policy    regard to independent legal, medical,
                                                                 data collected by it or by third parties which    and the Community Football Policy, including     gender diverse and/or other expert
Š weight;
                                                                 relates to measures of relative strength,         determining Applications under this Policy.      advice obtained by it as it sees fit and in
Š bench press (1RM and/or 3RM);
                                                                 stamina or physique to supplement and/                                                             its absolute discretion in understanding
Š squat (1RM and/or 3RM);                                        or verify the data collected. Any third party                                                      and assessing information provided to
Š 20m sprint time;                                               information that is relied upon by the AFL                                                         it in connection with the nomination.
Š vertical jump;                                                 must be provided to the Applicant.                                                                 In the event that the AFL GDP Committee
                                                                                                                                                                    requests the attendance of the Applicant
                                                                                                                                                                    to appear before it and/or meet with
1 Unit of measurement used in Australia and Europe. This threshold converts to 144                                                                                  representatives of the AFL GDP Committee to
  nanograms per decilitre for data used in the United States of America.                                                                                            answer any questions in connection with the
2 The AFL acknowledges that in the first two years of the operation of this Policy, nominees may not have                                                           Application, the Applicant will be permitted to
  collected data regarding all of these measures. Where data for the 24 months preceding the date of this                                                           attend such meeting with a support person.
  Policy is not available, the Applicant should provide the AFL with all available data from that period
  and which may be supplemented by testing following the submission of the Application.

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The AFL GDP Committee may refuse                 Where the AFL GDP Committee assesses,         Decision by AFL GDP Committee                       Following receipt and review of any response
an Application if it is satisfied, acting        on a preliminary basis, that there may        to approve an Application                           from the Applicant to the provisional decision
reasonably, that either or both of the           be an unacceptable safety risk, a risk                                                            the AFL GDP Committee will issue its final
following criteria are satisfied:                assessment must be undertaken, noting:        If the AFL GDP Committee determines                 decision within a further 7 days, which will
                                                                                               to approve an Application, the AFL                  either confirm the provisional decision
Š Relevant Competitive Advantage Criteria:       Š unacceptable safety risks will likely       GDP Committee will inform the                       to refuse the Application or approve the
  there is a relevant, and significant,            arise only in exceptional circumstances     Applicant of that final decision.                   Application (in which case the requirement
  disparity in the Applicant’s strength,           and will not arise simply from the
                                                                                               An Applicant whose Application is approved,         for maintenance and verification of
  stamina or physique when compared                proposed participation of a gender
                                                                                               and who is subsequently plays in the                testosterone levels will apply).
  to data procured from cisgender                  diverse person in an Elite Football
  players in the preceding two seasons             Competition (Women) or Elite                competition the subject of the Application,
  of the competition the subject of the            Pathway Competition (Women);                is required to maintain their total testosterone    Final decision by AFL GDP
  Application (Comparison Data) which may                                                      level in serum below 5 nmol/L at all times          Committee to refuse an Application
                                                 Š exceptional circumstances may arise         (including during the off-season period),
  reasonably be regarded to give rise to                                                                                                           Any final decision to refuse an Application
                                                   where there is a significant disparity in   and may be required to provide reasonable
  an unreasonable competitive advantage                                                                                                            will be notified to the Applicant confidentially.
                                                   the Applicant’s physique as compared        medical documentation or undergo periodic
  to the Applicant having regard to:                                                                                                               The decision will not be disclosed to any third
                                                   to that of cisgender players in the         testing to verify their total testosterone level.
   Š the Applicant’s maintenance of                relevant competition (noting that                                                               party without the express or implied consent
     their total testosterone levels;              data may be limited in respect of                                                               of the Applicant. Any public disclosure
                                                                                               Provisional decision by AFL GDP                     made by the Applicant regarding their
                                                   competitions that sit below the level
   Š mean, median and range of the                                                             Committee to refuse an Application                  Application may be taken as their implied
                                                   of AFLW and AFL in Elite Football);
     Comparison Data pertaining to height,                                                                                                         consent for the AFL to publicly address its
                                                                                               If the AFL GDP Committee determines on a
     weight, 20m sprint, vertical jump,          Š the risk assessment must, amongst                                                               decision to refuse the Application (provided
                                                                                               provisional basis to refuse an Application, the
     2km run, squat and bench press; and           other things, consider whether the                                                              at all times that no personal or confidential
                                                                                               AFL GDP Committee will inform the Applicant
                                                   rules applicable to the relevant Elite                                                          information will be disclosed by it).
   Š incidence or absence of any evidence of                                                   of that provisional decision, including
                                                   Football Competition (Women) or
     any significant difference or competitive                                                 reasons for the provisional decision.
                                                   Elite Pathway Competition (Women)                                                               AFL review of final decision
     advantage arising from the Applicant’s
                                                   are unable to safely manage the risks       The Applicant will thereafter have seven
     participation in Community Football:                                                                                                          The AFL may, at its own initiative and at its
                                                   arising from the proposed participation     (7) calendar days to respond to the
Š Unacceptable Safety Risk Criteria: there         of the gender diverse person.               provisional decision and such response              sole discretion, refer back to the AFL GDP
  is an unacceptable safety risk arising                                                       may include additional information                  Committee a final decision made under this
  from the person’s (potential) participation                                                  to support the Application.                         Policy by the AFL GDP Committee to approve
  in the competition the subject of the                                                                                                            or refuse an Application if it or a State
  Application (whether that be a risk to                                                                                                           Body becomes aware of new information
  the safety of the gender diverse player                                                                                                          which, if available at the time of making
  or a risk to the safety of other players).                                                                                                       the final decision, may reasonably have
                                                                                                                                                   affected the outcome of the Application.

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Eligibility of trans men and non-binary people
                                                                                                to play in Elite Football Competitions (Men)
                                                                                                and Elite Pathway Competitions (Men)

Applicant may request review of                 A request for review of a final decision to     Trans men and non-binary people,                    Š exceptional circumstances may
final decision to refuse Application            refuse an Application is to be handled in a     are eligible to play in Elite Football                arise where there is a significant
                                                timely manner. If an Applicant is seeking to    Competitions (Men) and Elite Pathway                  disparity in the Applicant’s physique
An Applicant whose Application is               play in the AFLW, review of a final decision    Competitions (Men), provided:                         as compared to that of cisgender
refused may request a review of the             to refuse an Application will be undertaken                                                           players in the relevant competition
decision by the General Counsel of the                                                          (a) they comply with all applicable laws, rules
                                                with a view to determining the review prior                                                           (noting that data may be limited in
AFL within seven (7) calendar days of                                                               and regulations of the relevant competition
                                                to the scheduled date of the AFLW draft.                                                              respect of competitions that sit below
notification of the final decision.                                                                 including, but not limited to, the Australian
                                                                                                                                                      the level of AFL in Elite Football);
                                                The Applicant seeking review may provide            Football Anti-Doping Code, in particular
The bases on which a final decision             new information only if that information            with respect to testosterone; and               Š the risk assessment must, amongst
may be reviewed are:                            was not available in the first instance.                                                              other things, consider whether the
                                                                                                (b) the AFL, acting reasonably, is satisfied
(a) The AFL GDP Committee failed to have                                                                                                              rules applicable to the relevant Elite
                                                                                                    that unacceptable safety risks do not arise
    regard to relevant considerations, or had   No review of decision                               from the person’s (potential) participation
                                                                                                                                                      Football Competition (Men) or Elite
    regard to irrelevant considerations;        to approve Application                                                                                Pathway Competition (Men) are unable
                                                                                                    in the AFL (whether that be risks to the
                                                                                                                                                      to safely manage the risks arising
(b) The AFL GDP Committee was affected          The AFL will not hear any request or                safety of the gender diverse player or
                                                                                                                                                      from the proposed participation
    by a conflict of interest; or               application by a third party to review any          risks to the safety of other players), such
                                                                                                                                                      of the gender diverse person.
                                                decision (whether it be a decision of the AFL       risks having been assessed in accordance
(c) The final decision reached, or the                                                              with appropriate risk management                In the event that the AFL GDP Committee
                                                GDP Committee or on review by the General
    decision-making process followed,                                                               procedures (where necessary).                   determines to exclude a transgender
                                                Counsel) to approve an Application.
    is inconsistent with this Policy                                                                                                                man or non-binary person from an Elite
    or any relevant laws.                                                                          In the event that such concerns are
                                                                                                                                                    Football Competition (Men) or Elite
                                                                                                   raised with the relevant competition,
The General Counsel will determine                                                                                                                  Pathway Competition (Men) on the
                                                                                                   the matter must be referred to the AFL
whether to confirm or overturn the decision                                                                                                         ground that unacceptable safety risks
                                                                                                   GDP Committee for assessment. Where
of the AFL GDP Committee and/or any                                                                                                                 arise from their (potential) participation,
                                                                                                   the AFL GDP Committee assesses, on
make any reasonable direction including                                                                                                             that player may request the review
                                                                                                   a preliminary basis, that there may
remittal of the matter back to the AFL GDP                                                                                                          of that decision by the AFL General
                                                                                                   be an unacceptable safety risk, a risk
Committee for further consideration.                                                                                                                Counsel within seven (7) calendar
                                                                                                   assessment must be undertaken, noting:
                                                                                                                                                    days of notification of the decision.
                                                                                                   Š unacceptable safety risks will
                                                                                                     likely arise only in exceptional
                                                                                                     circumstances and will not arise simply
                                                                                                     from the proposed participation of
                                                                                                     a gender diverse person in an Elite
                                                                                                     Football Competition (Men) or Elite
                                                                                                     Pathway Competition (Men);

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The bases on which the decision               RESEARCH                                           PRIVACY & PERSONAL                                  ANTI-DOPING
   may be reviewed are:
                                                 The AFL recognises that there is presently
                                                                                                    INFORMATION                                         Nothing in this Policy is intended to
   a. The AFL GDP Committee failed to have       limited peer-reviewed data in relation                                                                 displace applicable WADA or Sport Integrity
                                                                                                    All personal or health information provided
      regard to relevant considerations, or      to safety risks that may arise from the                                                                Australia codes or guidelines, or the
                                                                                                    by an Applicant to the AFL pursuant to this
      had regard to irrelevant considerations;   participation of gender diverse persons in                                                             Australian Football Anti-Doping Code.
                                                                                                    Policy must be treated in strict confidence
   b. The AFL GDP Committee was affected         Australian Football. This, in part, reflects the   and must not be disclosed to any person
                                                                                                                                                        Relevant anti-doping codes or guidelines,
      by a conflict of interest; or              fact that the participation of gender diverse      who is not involved in the assessment of,
                                                                                                                                                        or regulations, codes and policies pertaining
                                                 persons in Australian Football has, to date,       or advising upon, the Application. A gender
                                                                                                                                                        to international standards for adherence with
                                                 occurred without any formal recognition.           diverse person in Elite Football must make
   c. The final decision reached, or                                                                                                                    Therapeutic Use Exemptions will prevail to the
                                                 In connection with the introduction of             any necessary notification to their Club
      the decision-making process                                                                                                                       extent of any inconsistency with this Policy.
                                                 this Policy and the Community Football             and League of their previous participation
      followed, is inconsistent with this        Policy, the AFL will undertake a study, with       in Australian Football competitions to
      Policy or any relevant laws.               approval from an applicable institution’s          ensure that any applicable disciplinary
                                                                                                                                                        ENQUIRIES
   The General Counsel will determine            Research and Ethics Committee, that:               records are carried over to the competition         Any questions about this Policy
   whether to confirm or overturn the                                                               that they are seeking to play in.                   and matters relevant to it may be
                                                 Š considers injuries arising from
   decision of the AFL GDP Committee               incidents involving gender diverse                                                                   directed to aflgdp@afl.com.au.
                                                                                                    Any public disclosure made by the Applicant
   and/or any make any reasonable                  persons in Australian Football; and              regarding their personal or health information
   direction including remittal of the                                                              provided by an Applicant to the AFL pursuant
   matter back to the AFL GDP Committee          Š considers issues arising from the
                                                                                                    to this Policy may be taken as their implied
   for further consideration.                      implementation of this Policy and
                                                                                                    consent for the AFL to publicly address its
                                                   the Community Football Policy,
   A request for review by the AFL                                                                  decision to refuse the Application (provided at
                                                   including as to mental health.
   General Counsel of such a decision is                                                            all times that no confidential information will
   to be handled in a timely manner.             That study will be important in reviewing          be disclosed by it). Gender diverse players may
                                                 this Policy and the Community Football             also elect to disclose such details to the AFL or
The AFL does not consider that there is the      Policy. Gender diverse persons should              its nominated research partner in connection
potential for relevant competitive advantage     consider notifying the AFL’s appointed             with the research study foreshadowed above.
in favour of trans men or non-binary people      researcher in order to maximise the
over cisgender players in the AFL.                                                                  An Applicant is not required to provide a
                                                 potential outcome of that study.
                                                                                                    birth certificate to the AFL or any other person
                                                                                                    for the purposes of verifying their gender.
                                                                                                    A medical examination for the purposes
                                                                                                    of genital verification is not permitted.

                                                                                                    Personal information should only be collected
                                                                                                    from participants if absolutely necessary
                                                                                                    and with the individual’s consent, or where
                                                                                                    the individual is under the age of 18, the
                                                                                                    consent of their parent or guardian.

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GLOSSARY                                                                                           Gender
                                                                                                   dysphoria
                                                                                                                    The discomfort a person feels with how their body is perceived and
                                                                                                                    allocated a gender by other people. The experience may occur when
of terms relevant to gender and gender diversity                                                                    a person feels their biological or physical sex does not match their
                                                                                                                    sense of their own gender. This feeling, that there is a mismatch, can
                                                                                                                    trigger a range of responses. Some people experience serious distress,
                                                                                                                    anxiety and emotional pain, which can affect their mental health
Language is a powerful tool for promoting          It is important to understand that a
inclusion and understanding.                       person’s sexual orientation and a person’s      Gender           An individual’s external manifestation of gender. This can include certain
                                                   gender are two separate concepts:               expression       behaviours, voice and speech patterns, names and pronouns used to
Administrators, coaches, players and
                                                                                                                    identify oneself, clothing, personal appearance and social interactions
other participants in Australian Football          Š Sexual orientation refers to a person’s
should seek at all times to use language             romantic and/or sexual attraction to others   Intersex         An intersex person is born with atypical natural variations to
that is respectful and inclusive.                                                                                   physical or biological sex characteristics such as variations
                                                   Š Gender refers to a part of a person’s
                                                                                                                    in chromosomes, hormones or anatomy. Intersex traits are
If there is an important reason why you              feelings and experience of who they are
                                                                                                                    a natural part of human bodily diversity. Not all intersex
need to confirm a person’s gender and you            and how they relate to others - this may
                                                                                                                    people use the term intersex to describe themselves
are unsure, it is always best to introduce           be male, female, a combination of both
yourself first (by name and pronouns) and            or neither. Gender can be expressed           LGBTI / LGBTIQ   Lesbian, Gay, Bisexual, Transgender, Intersex, Queer and/ or Questioning
then respectfully ask the person which               in different ways, such as through
                                                                                                   Misgendering     Where a person is described or addressed using language
words they use to describe their gender,             behaviour or physical appearance.
                                                                                                                    that does not match their gender identity. This can include the
and then use these words accordingly.
                                                   AFL acknowledges that language                                   incorrect use of pronouns (she/he/they), familial titles (father,
Conventional pronouns are ‘she/her/                constantly changes and we encourage                              sister, uncle) and, at times, other words that traditionally
hers’ and ‘he/him/his’. Some people                those using this policy to stay informed                         have gendered applications (pretty, handsome, etc.)
prefer to use gender neutral pronouns,             with other language and terminology
such as ‘they/them/their/ze’. The pronoun          relative to this space via Pride in Sport -     Non-binary       This is an umbrella term for any number of gender identities that
a person uses to describe themselves               www.prideinsport.com.au/terminology or                           sit within, outside of, across or between the spectrum of the male
generally reflects their Gender identity.          TransHub - www.transhub.org.au/language                          and female binary. A non-binary person might identify as gender
                                                                                                                    fluid, trans masculine, trans feminine, agender, bigender etc.
The following glossary of terms has been developed to help assist people                                            A non-binary person may or may not use the gender-
to use respectful and inclusive language.                                                                           neutral pronouns of “they” and “them”

 Term                 Definition                                                                   Queer            An umbrella term sometimes used to refer to diverse genders or
                                                                                                                    sexualities, or a person who is not cisgender and/or heterosexual.
 Brotherboy           A term used in Aboriginal and Torres Strait Islander
                      communities to refer to an Indigenous trans man                                               For some LGBTI people ‘queer’ may have negative connotations
                                                                                                                    due to its historical use as a derogatory term, however this
 Cis / Cisgender      A term used to describe people who identify their gender as                                   term has been “re-claimed” by many young LGBTI people
                      the same as that assigned to them at birth (male or female).
                      ‘Cis’ is a Latin term meaning ‘on the same side as’                          Sistergirl       A term used in Aboriginal and Torres Strait Islander
                                                                                                                    communities to refer to an Indigenous trans woman
 Deadname             A term used by some trans people to describe the name they were
                      given and known by prior to affirming their gender and/or coming out         Trans            An abbreviation for transgender

 Gender               Gender is part of how you understand who you are and how                     Transgender      Someone whose gender does not exclusively align with
                      you interact with other people. Many people understand                                        the one they were assigned at birth. Transgender relates
                      their gender as male or female. Some may understand                                           to a person’s gender, not their sexual orientation
                      their gender as a combination of these or neither

18 | GENDER DIVERSITY POLICY (ELITE FOOTBALL)                                                                                                          GENDER DIVERSITY POLICY (ELITE FOOTBALL) | 19
GENDER
DIVERSITY
 POLICY
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