Transgender and Gender Diverse Guidelines

Introduction

Australian Cricket’s vision is to be ‘a sport for all that makes Australians proud.’ There is a place in cricket for everyone, exactly as you are.

Australian Cricket supports the participation of gender diverse and transgender people electing to participate in community cricket in accordance with their gender identity, whether or not this aligns with the sex they were assigned at birth. We support them to do so in a safe and inclusive environment.

These guidelines for the inclusion of transgender and gender diverse people in community cricket will assist affiliated associations, clubs and indoor centre to deliver a safe, welcoming and inclusive environment, free of harassment and discrimination for gender diverse players at the game’s grassroots.

Commonly used terms

Some terms have been adapted from Pride in Sport, and we encourage readers to learn more at Pride in Sport.

Affiliated Associations, Clubs and Indoor Centres – 

• any cricket association, club or indoor cricket centre that is formally affiliated with Australian Cricket; and/or
• any cricket association, club or indoor cricket centre that has agreed to be bound by these guidelines; and/or
• any cricket association, club or indoor cricket centre that receives funding from Australian Cricket.

Australian Cricket – Cricket Australia, together with each of the State and Territory Associations.

Community Cricket – Any cricket competition conducted by an Affiliated Association, Club or Indoor Cricket, which for the avoidance of doubt, includes Premier Cricket and Indoor Cricket competitions, but does not include Elite Cricket Competitions.

Elite Cricket – Any cricket match that is:

• played as part of the Australian domestic first class (male) competition;
• played as part of the Australian domestic male and female one day competition;
• played as part of the W/BBL competition (including any practice matches);
• played by representative Australian team;
• played by a W/BBL Team against a touring international team or invitational team;
• played as part of the Futures League competition and practice matches (male and female);
• played as part of the National Under 19 Male Championships; and
• played as part of the National Under 18 Female Championships.

Gender Diverse – umbrella term that includes all the different ways gender can be experienced and perceived. It can include people questioning their gender, those who identify as trans/Transgender, genderqueer, non-binary, gender non-conforming etc.

Gender Identity – The Sex Discrimination Act 1984 (Cth) defines Gender Identity as the gender related identity, appearance or mannerisms or other gender related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.

Intersex status – is a protected attribute under legislation. Under the Sex Discrimination Act 1984 (Cth), intersex status means the status of having physical, hormonal or genetic features that are:

• neither wholly female nor wholly male;
• a combination of female and male; or
• neither female nor male.

LGBTQI (or variations) – acronym for lesbian, gay, bisexual, transgender, queer, questioning and intersex. It is used to refer collectively to these communities.

Non-binary – means a person who identifies as either having a gender which is in-between or beyond the two categories ‘man’ and ‘woman’, as fluctuating between ‘man’ and ‘woman’, or as having no gender, either permanently or some of the time.

Pronouns – grammatical means of referring to a person or persons. Conventional pronouns are ‘she/her/hers’ and ‘he/him/his’. Some people prefer to use gender neutral pronouns, such as ‘they/them/their’. The pronoun a person uses to describe themselves generally reflects their gender identity.

Sex – refers to a person’s biological sex or sex characteristics. These may be genetic, hormonal or anatomical.

State and Territory Association – the State and Territory Cricket Associations.

Transgender – general term used to describe a person whose gender identity is different from the sex they were assigned at birth. Being Transgender is about how an individual describes their own gender. It is not necessarily about their biological characteristics.

Transition – or affirmation refers to the social, medical or legal steps that a Transgender person takes to affirm their gender identity. A transition or affirmation may or may not involve medical treatment, including surgeries or hormone therapy. People can transition as children or as adults. Each transition is different.

• Social transition – process by which a person changes their gender expression to better match their gender identity. This may include changing their name, pronouns or appearance.
• Medical transition – process by which a person changes their physical sex characteristics to align with their gender identity. This may include hormone therapy, surgery or both.
• Legal transition – process by which a person changes their identity documents, name or both, to reflect their gender identity. This may include changing their gender marker on a passport or birth certificate or changing their name on a driver’s license or bank card.

Eligibility to participate

Associations, clubs and indoor centres must permit players to participate in community cricket competitions in accordance with their gender identity, whether or not this accords with the sex they were assigned at birth, subject to the following:

• the player must nominate their gender identity at the time of registration with the association, club or indoor centre for the upcoming competition; and
• the player should demonstrate a commitment that their gender identity is consistent with their gender identity in other aspects of everyday life.

Affiliated associations, clubs and indoor centres should never ask any player to undergo a medical examination for the purposes of gender verification.

Affiliated associations, clubs and indoor centres must only collect personal information from all players if absolutely necessary and with the player’s consent, or where the player is under the age of 18, their parent or guardian’s consent.

Every transition and/or affirmation is different and for this reason, affiliated associations, clubs and indoor centres should always give consideration to the needs of an individual. By way of guidance, a player may demonstrate a commitment through a range of steps including social, medical, and legal changes. For example, evidence may include: using specific pronouns, changing appearance and dress, changing given name, taking medication or a combination of these steps.

Guidance for administrators

In the event a player is gender transitioning or transitions through the course of the community cricket competition, the relevant affiliated associations, clubs and indoor centre should, in discussion with that player, provide them support and consider their individual needs.

Affiliated associations, clubs and indoor centres have in place well established practices of grading and the selection of players within competitions to:

• address the relevant disparity of players;
• protect the health and safety of participants; and
• provide fair and meaningful competitions.

Such practices should be applied consistently across all players when considering varying skill levels.

Umpire adjudication (such as the application of dangerous and unfair bowling laws) and the use of protective equipment are long standing and effective means of ensuring the health, safety and wellbeing of players, as well as, addressing the relevant disparity of players. The consistent application of these practices across all players within a competition will assist in supporting any player’s decision to participate in community cricket in accordance with their gender identity, whether or not this accords with the sex they were assigned at birth, and allow their individual needs to be considered.

Under federal and state and territory law it is unlawful to discriminate on the basis of sex or gender identity in sport, unless an exemption applies. An affiliated association, club and indoor centre may be in breach of these laws if they do not follow these eligibility requirements.

Collecting and using personal information

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, their parent or guardian’s consent.
Any personal information collected by an affiliated association, club or indoor centre must only be disclosed if necessary and in accordance with the law.

The standard player registration form on PlayHQ aligns with Pride in Sport guidelines and provides the following options for ‘gender’:

• Female
• Male
• Non-Binary
• Different Identity
• Prefer not to say

A field for ‘preferred name’ is also part of the standard registration form. Affiliated associations, clubs and indoor centres can also add ‘preferred pronoun’ as a custom question in PlayHQ.
Affiliated associations, clubs and indoor centres must:

• securely store personal information, in line with privacy legislation;
• not disclose the gender identity of a participant without the express consent of the individual; and
• ensure correct names and pronouns are used in conversations, databases, documents and correspondence.

Affiliated associations, clubs and indoor centres may also consider accepting legal declarations to verify name and gender (e.g. by way of a statutory declaration) in place of identity documents such as passport or birth certificate where those identity documents have a sex/gender marker inconsistent with a participant’s gender identity.

Affiliated associations, clubs and indoor centres should be aware that, depending on the circumstances, requesting additional information from transgender and gender diverse people may be unlawful.

Privacy

Affiliated associations, clubs and indoor centres must always protect the privacy of players. This is particularly important when dealing with any personal or sensitive information that the organisation may hold regarding a person’s gender identity, transition or affirmation process.

Affiliated associations, clubs and indoor centres should consider the provisions of the Privacy Act 1988 (Cth), the Australian Privacy Principles and the relevant state and territory legislation and regulations.

Providing a safe, fair, inclusive environment

There are various ways affiliated associations, clubs and indoor centres can ensure transgender and gender diverse people feel safe and supported while participating in community cricket.

Inclusive language

Language should be respectful and inclusive. Homophobia, transphobia and biphobia are not accepted in community cricket.

Players, administrators, coaches, support staff and others involved in our game are encouraged to use correct pronouns (for example, by asking all participants within the affiliated association, club or indoor centre what pronouns they use when they register and using pronouns consistently across verbal and written communications).

Conventional pronouns are ‘she/her/hers’ and ‘he/him/his’. Some people prefer to use gender neutral pronouns, such as ‘they/them/their/ze’. The pronoun a person uses to describe themselves generally reflects their gender identity.

Uniforms

Participants should be able to participate while wearing a uniform in which they feel comfortable. Participants requiring uniforms (for example, players, umpires and coaches) should be provided with an appropriate range of uniform styles and sizes to select from.

If gendered uniforms are necessary, affiliated associations, clubs and indoor centres should:

• allow participants to choose which uniform they would prefer to wear;
• ensure appropriate sizes are available for selection; and
• ensure design options are suitable for different body types and shapes.

Facilities

Australian Cricket recognises the existing difficulties faced by affiliated associations, clubs and indoor centres in having adequate changeroom and shower facilities.

While many transgender and gender diverse people prefer to use bathrooms, showers and changerooms that align with their affirmed gender, there is also a strong preference for privacy. People who identify as non-binary may prefer to use unisex or gender-neutral facilities. Change rooms, shower arrangements and toilet provision should be inclusive and suitable for all users, including players, officials and spectators.

Affiliated associations, clubs and indoor centres may consider making their existing facilities more inclusive by:

• changing signage on some facilities to unisex/ gender neutral;
• modifying changerooms and bathrooms to create private spaces (higher doors, room dividers, shower curtains etc); and
• ensuring all changerooms have appropriate sanitary waste disposal units.

Where new facilities are built or upgrades are taking place (whether in consultation with council, schools or others), affiliated associations, clubs and indoor centres should consider options to create inclusive spaces by:

• creating private spaces so that people can use the facilities safely and comfortably; and
• providing a gender-neutral space where possible.

Protection from harmful conduct

Discrimination

Discrimination on the basis of sex or gender identity can include both direct and indirect discrimination and may be unlawful under federal and state laws.

Direct discrimination may occur when a person is treated less favourably than another person on the basis of:

• Sex or gender identity; or
• characteristics generally associated with a person of that sex or gender identity, in similar or not materially different circumstances.

Indirect discrimination may occur when a condition, requirement or practice that applies to everyone, disadvantages persons of a particular sex or gender identity, and the condition, requirement or practice is not reasonable in the circumstances.

Further guidance on federal and state and territory laws and exemptions is available through the Australian Human Rights Commission and any state or territory human rights authority.

Sexual Harassment

Sexual harassment is unlawful under federal and state laws in certain areas of public life. Further, Australian Cricket does not tolerate any form of harassment, including sexual harassment.

‘Sexual harassment’ is defined as an unwelcome:

• sexual advance;
• request for sexual favours; and/or
• conduct of a sexual nature,

in circumstances in which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

The sex and gender identity of the person who is harassed are relevant circumstances to be taken into account in determining if a person has been sexually harassed.

Sexual harassment can be physical, spoken or written, and may include comments online or in social media. It may include a range of unwelcome behaviours including:

• requests for sex;
• intrusive comments about someone’s private life;
• sexually suggestive behaviour, such as leering or staring;
• sexually suggestive comments or jokes;
• repeated requests to go out; or
• transmitting sexually explicit messages.

Sexual harassment can also include sexually suggestive or invasive questions, such as asking a transgender or gender diverse person about their sex life, or asking them about their physical characteristics.

Victimisation

Victimisation is an offence under federal and state and territory legislation. Further, Australian Cricket does not tolerate any form of victimisation.

A person will be taken to have victimised another person if they threaten to, or do, subject that person to a detriment because they have either made a complaint under federal and/or state and territory legislation or these guidelines, or have engaged in a complaint handling process in some other way.

Making a complaint

Participants in community cricket have the right to make a complaint if they are subject to any form of discrimination, harassment, victimisation, or any other form of conduct that is prohibited under:

• Australian Cricket’s Policy for Safeguarding Children & Young People;
• Australian Cricket’s Looking After Our Kids Code of Behaviour for Affiliated Associations, Clubs and Indoor Centres;
• Australian Cricket member protection policies (as relevant to the organisation a player is registered to); or, 
• Affiliated association, club or indoor centre codes of behaviour.

Complaints can be made to the relevant state or territory cricket association:

• Cricket NSW - submit a complaint
• Cricket Victoria - Report a Concern
• SACA - Safeguarding Children and Young People
• WA Cricket - Community Cricket Contacts
• Queensland Cricket - Child and Member Protection
• Cricket Tasmania - Community Cricket Contacts
• Cricket ACT - Contact Us
• NT Cricket - Contact Us

Complaints can also be made via childsafe@cricket.com.au, or Cricket Australia’s Core Integrity hotline:

• Phone: 1300 FAIR GAME (1300 3247 4263) 
• Email: or fairgame@coreintegrity.com.au   
• Online: http://qrs.ly/FairGameCA

The Australian Human Rights Commission or state or territory human rights commission may also assist individuals in relation to any complaints of discrimination, harassment and/or victimisation under federal or state and territory laws.

Support services

• ACON provides counselling as well as social work support to help people resolve complex or ongoing violence and harassment matters.
• QLife provides anonymous and free LGBTQI peer support and referral for people wanting to talk about sexuality, identity, gender, bodies, feelings or relationships.
• Lifeline provides 24-hour crisis support and suicide prevention services to all Australians experiencing a personal crisis.

Anti-doping

The Cricket Australia Anti-Doping Code may be relevant to transgender and gender diverse people who are accessing hormone therapy as part of their transition or affirmation. 

Additional resources and support

• Inclusion of Transgender and Gender Diverse Players in Elite Cricket Policy
• Cricket Australia Integrity website 
• TransHub - this platform is an initiative from ACON Health, Australia’s largest LGBTQ health organisation specialising in community health, inclusion and HIV responses for people of diverse sexualities and genders.
• Pride in Sport Australia - Pride in Sport is the only sporting inclusion program specifically designed to assist sporting organisations at all levels with the inclusion of LGBTQ employees, athletes, coaches, volunteers and spectators.
• Australian Human Rights Commission - the Australian Human Rights Commission is an independent statutory organisation, established by an act of Federal Parliament. We protect and promote human rights in Australia and internationally.
• Trans Pride Australia - Trans Pride Australia Inc is a social and support group for trans and gender diverse people and their loved ones in Australia.
• QLife - QLife provides anonymous and free LGBTQ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships.
• Minus 18 - Minus18 aims to improve the health and wellbeing of, and provide a safe environment for, same-sex attracted and gender diverse young people in Australia, seeking to empower them to feel comfortable and confident in their sense of identity and assisting them to grow as happy, healthy individuals well into the future.
• Switchboard - this service is for LGBTIQA+ identifying people and those who have questions or concerns about LGBTIQA+ issues. They also welcome contact from people who may not be LGBTIQA+ but who want to talk about someone else they care about. This includes families, friends, teachers and co-workers of LGBTIQA+ people.

Acknowledgments

The Guidelines for the Inclusion of Transgender & Gender Diverse Players in Community Cricket and the Inclusion of Transgender & Gender Diverse Players in Elite Cricket Policy have been prepared in consultation with a number of stakeholders.

Pride in Sport, The Australian Human Rights Commission, Sport Australia, the Australian Cricketers’ Associations, members of the LGBTQI community, medical experts, cricket players and administrators across Australia have participated in consultations which informed the development of this work. We thank and acknowledge those who participated in this process.

We also acknowledge the Guidelines for the Inclusion of Transgender and Gender Diverse People in Sport developed by the Australian Human Rights Commission, in partnership with Sport Australia and the Coalition of Major Professional and Participation Sports. Many of the concepts and terms used throughout these Guidelines have been adopted from this work.

This edition was reviewed in October 2023.

Further Enquiries

For further questions please contact playcricketsupport@cricket.com.au.