Formal opinion on complaint about Human Rights Commission’s interpretation of sex discrimination

The Chief Ombudsman has found that the Human Rights Commission did not act unreasonably when it refused to delete text from a public statement explaining that it interpreted sex discrimination in the Human Rights Act to include gender identity.

John Allen’s opinion followed a complaint that HRC’s interpretation of section 21 of the Act was incorrect because gender identity was not specifically part of the law.

The Ombudsman found that the HRC’s interpretation of its legislation aligned with standard rules of statutory interpretation and international law.

Read the full opinion