The Lesbian Action Group welcomes the judgment of the Federal Court delivered on 15 April 2026, allowing our appeal in relation to the Australian Human Rights Commission process.
The Court has set aside the decision of the Administrative Review Tribunal and ordered that the matter be reconsidered by a differently constituted Tribunal according to law. This ensures the case will be reheard afresh by a new panel.
This provides an important opportunity for the Tribunal to properly consider the central issue: whether lesbians, as same-sex attracted women, should be able to define their own spaces, organise their own events, and set clear boundaries.
The Court’s reasons identify serious deficiencies in the earlier decision-making process. In particular, as Justice Mark Moshinsky observed, the Tribunal’s consideration of whether an exemption should be granted was focused on the discrimination that it may create against trans women. His Honour went on to state: “The Tribunal did not merely weigh this as a factor against the grant of the exemption; it gave decisive weight to this factor [...].”
Justice Mark Moshinsky found that the Tribunal both overlooked a central feature of the Sex Discrimination Act 1984 (Cth)—namely, that exemptions may be granted where they serve a broader societal benefit—and failed to meet its s 10A duty to properly balance rights. His Honour confirmed that the Tribunal failed to discharge its s 10A duty to fully consider the Group’s human rights. The Group’s position is that this includes the right of lesbians to organise and gather as lesbians.
These findings underscore the importance of lawful, careful and balanced decision-making by public bodies tasked with protecting rights.
The Lesbian Action Group will continue to pursue this case to seek confirmation that the law recognises the right of lesbians to gather, organise and associate on a same-sex basis. We now look forward to the matter being reconsidered in accordance with the Court’s orders.
