A few Senators grilled the AHRC on GvT and the LAG case, starting at around 6:27.00.
I'm still trying to parse their definitions.
They say sex is an inclusive term, and woman includes trans women, older women, etc including some non-binary people.
They say the definition of a woman is "an adult female human - and it includes trans women"
Gender identity is taken from the SDA (defined as the gender-related identity, appearance, mannerisms, or other gender-related characteristics of a person. This applies regardless of the person's sex assigned at birth or whether they have undergone any medical intervention.)
They seem to agree with the senator that the "or" above means gender identity could include just one thing eg a gender-related appearance such as wearing a dress.
A definition for sex is maybe being imputed from court cases, they say it's an inclusive term, that includes (and apparently has to include all 3?) a biological component, how one presents and how one is recognised. Later described as a biological component, how one identifies oneself and how other people identify us.
The biological component does not have to include surgery, nothing else was asked on what it does/may include.
The court ruling made it clear that having changed documents via state level legislation allowing self-id is not particularly relevant as state legislation is not relevant to the federal SDA, but is relevant to the idea that society now sees sex and changeable, alongside the 2013 amendments to the SDA. The ruling also mentions exemptions are available such as s32:
"Services for members of one sex Nothing in Division 1 or 2 applies to or in relation to the provision of services the nature of which is such that they can only be provided to members of one sex."
But doesn't ask the question - if sex is inclusive what services would they be? Cervical smears and prostate checks can't "only be provided to one sex" if sex includes those with any type of body.
Overall, the impression given by the AHRC in the Senate Committee Meeting is that there is a stricter test to be a 'woman' (legal sex) than to be a transwoman (legal gender identity of transwoman), according to the sex discrimination commissioner. So her statement that woman includes trans woman seems inaccurate by her own interpretation of the law, as only some people who self-id as a trans woman would pass the more stringent criteria for 'woman' in the SDA. It implies there is a group of people who self-id as trans women but are not legally women. Nobody raised this, and it seems unlikely there would be any way for an individual to distinguish the legal women tw from the legal men tw.