Elara wanted a safe space to work out. Fernwood said it was for 'biologically born females'
Elara was "caught off guard" and "hurt" when she was denied entry to the women-only gym Fernwood Fitness for not being a "biologically born female". A Melbourne-based transgender woman, Elara was drawn to a club owned by the national gym network because her wife and friends had recommended it. She also generally found women's spaces to be more inclusive and accepting of trans women than mixed spaces. "I think it's a lot easier for trans women in women's spaces, fundamentally," Elara told SBS News. "My experience has been that women's spaces are more accepting."
But when she enquired via text message about whether she would be permitted access as a transgender woman, she was told by a manager at Fernwood Fitness in Melbourne that "the Fernwood company policy is not inclusive of transgender women".
Elara received a message from a manager at a Melbourne Fernwood Fitness gym, who said only "biologically born females who identify as female" could join the women-only gym. Source: Supplied Fernwood Fitness is one of the leading women-only gym chains in Australia. They have over 70 clubs across Australia and over 90,000 members. "Fernwood offers membership only to biologically born females who identify as female," the message, which has been verified by SBS News, read. Elara later shared her experience on Reddit, prompting an outpouring of support — and several anonymous accounts from other transgender women who claim they too were turned away by Fernwood. "I found this out last year when I tried to join," one user wrote. After the text exchange, Elara said she was phoned by the national CEO of Fernwood, which the company has confirmed.
"I was just flabbergasted," Elara said. "My experience of being a trans woman so far in Melbourne has been that the level of vitriol and pushback and rejection that we expect from watching the news isn't there."
"I guess I got a little bit forgetful that the world is still like that," Elara said.
"It really took me aback and made me think about all the rights that we think we have here ... to just find out that some people can be like, 'nah,' that company policy is to just say no."
Is it legal to exclude trans women from women-only spaces? The federal Sex Discrimination Act 1984 makes it unlawful to treat someone unfairly because of their sex, sexual orientation, intersex status, or gender identity. According to the Australian Human Rights Commission (AHRC), gender identity includes "the way people express or present their gender and recognises that a person's gender may be an identity other than male or female". "Terms commonly used to describe a person's gender identity include trans, transgender and gender diverse,' AHRC's website reads. "It does not matter what sex a person was assigned at birth or whether the person has undergone any medical intervention." Professor Paula Gerber, an expert in human rights law at Monash University, said while women-only gyms are lawful both in Victoria and nationwide, excluding trans women is not.
"Fernwood is perfectly entitled to have a women-only gym," she told SBS News. "But women include trans women in Australia."
Paula Gerber, a professor in human rights law at Monash University, said that while women-only gyms are lawful in Australia, excluding trans women from them is not. Source: Getty / Kazuma Seki "It is not lawful to have a women's only venue and say that's only for people who were described as female on their birth certificate," Gerber said. "The law says trans women are women." Every Australian state and territory has its own anti-discrimination laws that operate alongside federal legislation. In Victoria, where Elara lives, it's against the law to discriminate against people based on gender identity "that may or may not be the same as the sex you were designated with at birth", under the Equal Opportunity Act 2010. But organisations are permitted to apply for temporary exemptions to the Act, which allows discrimination of any protected characteristics — which include gender identity — to be lawful, provided it would help the Act's goal of promoting equal opportunity.
"For example, some clubs may provide benefits for members of particular age groups or single sex," according to the Victorian Equal Opportunity and Human Rights Commission's website.
Fernwood is perfectly entitled to have a women-only gym. But women include trans women in Australia. Paula Gerber, human rights law expert In 2021, Fernwood sought an exemption from Queensland's Anti-Discrimination Act 1991, concerned about members' religious freedom and psychological safety, as well as fears that their women-only fitness model "could give rise to a complaint by a man that Fernwood is directly discriminating against men".
The commission granted the exemption for five years, saying female-only fitness clubs were a "welfare" and "equal opportunity" measure.
It's unclear on what grounds Fernwood Fitness is excluding trans women, but at present, their publicly available 11-page membership terms and conditions do not reference sex or gender eligibility criteria. Additionally, they operate under a franchise model, making it difficult to ascertain how widespread their policy is.
SBS News has contacted Fernwood for clarification on this issue but has not received a response.
Fernwood defends policy as necessary for 'emotional and physical safety' In a statement provided to both SBS News and Elara, Fernwood Fitness said they had "a responsibility to consider the needs of its broader member community", adding that female-only spaces "based on sex" were necessary to protect members' "emotional and physical safety".
"Fernwood Fitness proactively reached out to Elara to acknowledge her as an individual and to talk about her experience," the statement provided to SBS News read.
"This outreach was made with genuine care, recognising the personal nature of her enquiry," the statement read. "Fernwood appreciates the courage it can take to enquire about a membership as a transgender woman and acknowledges that the experience may have been hurtful or disappointing. Fernwood Fitness extends its sincere empathy in response. "At the same time, Fernwood Fitness has a responsibility to consider the needs of its broader member community. "A significant number of Fernwood Fitness members come from backgrounds where experiences of domestic violence, sexual assault, cultural beliefs, or religious practices necessitate access to female-only spaces based on sex. "For many of these women, such spaces are not a preference but a requirement for their emotional and physical safety and for accessing the health and fitness services they need.
"This is not a reflection on personal identity, but rather a commitment to maintaining the integrity of a space that many women rely on. Fernwood is currently reviewing all relevant legal requirements."
'Trans women are women', legal expert says
Gerber said these arguments may not hold legal weight when used to exclude trans women.
Paula Gerber, a professor of human rights law at Monash University, said Fernwood's argument may not hold legal weight when used to exclude transgender women. Credit: Paula Gerber "Women include trans women in Australia — that's very clear from the decision in Tickle and Giggle and the Lesbian Action Group," Gerber said.
The Federal Court ruled: "The acceptance that Ms Tickle is correctly described as a woman, reinforcing her gender identity status for the purposes of this proceeding, and therefore for the purposes of bringing her present claim of gender identity discrimination, is legally unimpeachable."
Supporters of Roxanne Tickle hold a sign outside the Federal Court of Australia in April 2024. TERF stands for 'trans-exclusionary radical feminist'. Source: AAP / Bianca De Marchi In 2023, the Lesbian Action Group applied for an exemption from the Sex Discrimination Act to host regular publicly advertised 'lesbians born female only events'. Gerber, who acted as an expert witness for the AHRC, said the group argued they needed to be protected from, as she puts it, "men pretending to be women". The commission rejected the application for exemption, saying: "The commission is not persuaded it is appropriate and reasonable to make distinctions between women based on their biological sex at birth or transgender experience, and to exclude transgender lesbians, from a community event of this kind." Gerber said: "The response from the Human Rights Commission and the [Federal Court] tribunal is that the threat is not from trans women. The threat is from men."
She said these cases may influence what the law says about Fernwood's exclusion of trans women: "That's contrary to what the law says — the law says trans women are women."
Trans safety in women's spaces Elara said one of the most upsetting parts of the conversation was the implication that she, as a trans woman, might pose a safety threat. "People who are saying that we need to exclude trans women for safety aren't really talking about women's safety. They're talking about an ideological position about whether or not trans women are women," she said. A spokesperson from Zoe Belle Gender Collective (ZBGC), a trans and gender diverse-led advocacy organisation based in Victoria, told SBS News: "Trans women and cis women have much in common, including being disproportionately impacted by men's violence."
"The same drivers of violence that impact cis women equally drive violence against trans women, including rigid gender norms and dominant forms of masculinity," a ZBGC spokesperson said.
A La Trobe University study found transgender and non-binary people were more likely to experience high psychological distress than cisgender people. Source: SBS News Trans women, trans men and non-binary people were also more likely to experience very high psychological distress compared to cisgender women and men, according to La Trobe University's Private Lives 3 report from 2021.
A 2023 survey of 3,099 transgender people conducted by the Trans Justice Project and the Victorian Pride Lobby found one in two participants had experienced anti-trans hate. One in ten had experienced anti-trans violence, and nine in ten had witnessed online anti-trans abuse.
Trans women and cis women have much in common, including being disproportionately impacted by men's violence. Spokesperson, Zoe Belle Gender Collective Internationally, a 2021 study by the Williams Institute at the University of California, Los Angeles School of Law found transgender people were over four times more likely to experience violent victimisation than cisgender people, or those whose gender identity corresponds with the sex assigned to them at birth. This included higher rates of violence than both cisgender men and women. Meanwhile, analysis by the Australian Bureau of Statistics found 97 per cent of all sexual assault offenders were male, according to data recorded by police agencies in Australia. "When incidents of trans exclusion occur, it can reinforce the ideas that we don't belong, that we are not worthy of support, or that the violence perpetuated against our community does not matter," a ZBGC spokesperson said.
"These incidents may also contribute to some trans women feeling unsafe to access the services our society has created to support victims of violence."
'Trans women are not a threat' Gerber also warned policies excluding trans women can lead to harmful "policing" of women's bodies. "The privacy that's being violated is trans women having to prove their gender," she said. "We're seeing situations where complete strangers feel entitled to challenge someone's right to be in a space, based solely on how they look. "This is what we need to avoid. "If somebody says they're a woman, then they are a woman." She also questioned traditional narratives that trans women were threats to women's safety.
"Men pretending to be women so that they can get into a women's only gym and assault someone … that's not what trans women are doing," Gerber said. "Trans women are just trying to be themselves and live their authentic life. They're not a threat."
'We thought we were better protected' Gerber said while Australia has some of the strongest legal protections for trans rights in the world, enforcing these laws can involve making an individual complaint to your state's commission. "It takes a huge toll to take on a big company like Fernwood," she said. "But that's the only way the law gets enforced in these situations where there are breaches of the anti-discrimination provisions." For Elara, the experience has left her feeling disillusioned with the protections she thought were in place. "I did think we were better protected in Australia … we thought our legal protections were stronger than apparently they are. "It feels strange when the discrimination paraded in the news contaminates my own life so directly. I wandered into someone's culture war because I wanted to try yoga." LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit qlife.org.au . ReachOut.com also has a list of support services. Intersex Australians seeking support can visit Intersex Peer Support Australia at isupport.org.au.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
an hour ago
- ABC News
What to know about sunscreen, SPF and protecting yourself from the sun all year round
For many Australians, the first port of call for sun safety is sunscreen. However, a new Choice report found 16 from a sample of 20 widely available sunscreen products failed to meet the SPF level on their label. But experts say there's no need to panic. Here's everything they say you need to know — from how sunscreen is tested, what to look out for when shopping and what else you can do to protect yourself from the sun. SPF stands for Sun Protection Factor — how well something protects you against ultraviolet radiation (UV). The higher the number, the less UV passes through to your skin. SPF measures how much time it takes for an individual to burn while wearing a particular sunscreen. If someone normally burns after 10 minutes in the sun, an SPF of 10 should allow them to spend 100 minutes in the sun before burning, says Melanoma Institute dermatologist Dr Linda Martin. In percentages, that means the difference between an SPF50 and SPF30 might not be as much as you think. If applied correctly, an SPF50 lets through just 2 per cent of UV rays, whereas an SPF30 allows 3.3 per cent through, Dr Martin says. But Michelle Wong*, a cosmetic chemist and science communicator, says the gap in effectiveness grows, the less you apply. "So instead of just 2 per cent or 3.3 per cent of UV getting in, you will be getting either 4 per cent or 6.7 per cent," she said. Most of us only apply around a quarter of what is used in testing conditions, Dr Martin says. An SPF rating is calculated through testing on humans in an accredited laboratory. It can't be done in the sun because the conditions would be variable and dangerous. Instead, an instrument called a solar simulator that imitates sunlight is used. Researchers measure the time it takes for the skin to redden in an area where sunscreen has been applied, versus an area that has no sunscreen on it. Australia follows the international standard for sunscreen testing, which mandates testing on 10 volunteers. Many sunscreen brands sold in Australia test in labs overseas. In most cases, yes — sunscreens are very effective and the Choice results shouldn't make you lose faith, Dr Wong says. Australia has some of the strictest sunscreen regulations in the world and all are regulated by the Therapeutic Goods Administration (TGA). But the TGA says SPF results can vary between different laboratories because of the reliance on human testing. For example, Dr Wong says the redness of skin can be interpreted differently by testing staff, and results can differ depending on ethnicity and where testing is done. "Someone in Australia that's just come out of our summer is also going to have much more sun-tolerant skin than someone in, let's say, Europe," she says. Dr Wong said the best one is the one you will apply generously and regularly, and fits in with your budget. She says most of the time, an SPF30 is going to provide enough protection if you apply the right amount. The higher the SPF, the better — but remember if you only apply a quarter of the right amount of SPF50, you're essentially wearing an SPF 12.5, Dr Wong says. The TGA says SPFs in the range of 30 to 59 provide "high protection", while a SPF of 60 or higher provides "very high" protection. While SPF filters what's called UVB rays, you also need to protect from UVA radiation. UVB rays typically causes sunburn, while UVA penetrates deeper into the skin and can get through glass. So, make sure your sunscreen says something like 'UVB and UVA protection' or 'broad spectrum'. Also, if you're going to be spending a lot of time in the water (or just sweating heaps) then go for a water-resistant sunscreen. Dr Wong said there's a lot of debate about chemical versus mineral sunscreens, but at the end of the day they offer similar protection. You'll know you have a chemical sunscreen if the ingredients include things like octocrylene or aobenzone. You'll see zinc oxide or titanium oxide if it's a mineral sunscreen. She says in general, chemical sunscreens are lighter but have a higher chance of stinging your eyes, while mineral ones will have a more matte texture but may leave more white residue. Sunscreen can be applied underneath moisturisers and make-up, but Dr Wong says research shows they can be more effective when put over the top of skincare. The general recommendation is that when the UV index is forecast to reach 3 or above you should apply sunscreen as part of your daily routine. While UV radiation is generally higher in summer than winter, it's still there all year round. You might even need to wear sunscreen indoors, depending on your circumstances. For example, if you spend a lot of time driving, remember that untinted windows don't completely block UVA radiation. However, the latest advice, which you can read here and is backed by the Australasian College of Dermatologists, reflects the fact that people with darker skin tones need different sun safety advice. There's a lot we could cover here, but the most common mistakes are: You remember slip, slop, slap, right? Since that campaign was rolled out in 1981, two more have been added: seek shade and slide on sunglasses. In full, the Melanoma Institute's five rules for greater sun protection are: "Remember sunscreen is a filter. It's not a coat of armour and it's not the only step," Dr Martin says. "Skin cancer is the most common, the most expensive and the most preventable cancer in Australia." *Michelle Wong says in 2022 she did one-off sponsored posts with some of the brands tested by CHOICE.
SBS Australia
2 hours ago
- SBS Australia
SBS News in Easy English 12 June 2025
Welcome to SBS News in Easy English. I'm Biwa Kwan. The future of the AUKUS security alliance between Australia, the US and the UK is uncertain, after the US announced a review into the deal. The Pentagon has launched a review of the agreement to ensure it aligns with President Donald Trump's policy agenda. Defence Minister Richard Marles has dismissed speculation the United States may back out of the deal, saying it is important to stick to the plan to ensure the defence capability is acquired. The Opposition's spokesman for defence, Angus Taylor says actions must be taken to ensure the AUKUS deal is maintained. "We have been consistent in providing bipartisan support to AUKUS. And we will continue. It is hugely important that it succeed for peace in our part of the world. This US review came out of the blue. We need to know to what extent was the review triggered by Labor's failure to fund defence in this country to a level that the US and other partners think is appropriate." Greens defence spokesperson David Shoebridge says the US review shows the AUKUS deal makes Australia a junior partner in America's military strategy, not an equal ally. Some of Australia's most popular sunscreens - including some made by Bondi Sands, Banana Boat and the Cancer Council - are not delivering on the claims made on the level of skin protection. Independent testing by consumer group Choice found more than three-quarters of SPF 50+ sunscreens did not have the advertised protection Choice CEO Ashley de Silva says only four of the 20 sunscreens tested in an accredited sunscreen lab actually met their claims of SPF 50 or 50+ protection. The Cancer Council says its test results shows their sunscreens meet their SPF ratings, but they have submitted the products for further testing. Several other popular brands have indicated they plan to do additional testing, following the findings. The chief executive of Monash IVF has resigned, after the fertility clinic revealed a second instance of an error involving an embryo transfer - two months after the first mix-up. Michael Knaap, who had been the chief executive since 2019 has resigned. Earlier this week, in a statement to the stock exchange, Monash IVF revealed the mix-up took place on June 5 at its Melbourne laboratory. An Australian sperm donor, caught up in a cyber security data breach, has told S-B-S he is unsure how he and his donor-conceived child will be affected. Isaac chose to use Genea Fertility, which was later hacked by cyber criminals in a data breach. The family histories of medication and mental illness of some of the clinic's donors are now being shared on the dark web. Isaac says he is worried his own sensitive medical information could be weaponised. His response has been voiced up by a journalist to protect his privacy: "What happens if I get a job which is relatively high profile or dealing with sensitive activity, could this open me up to not getting employed because an employer might've found my internet history, and maybe they have had ethical concerns or concerns with my health record. It's taken away my agency and my choice to disclose that information if I want to. That's only compounded further by the lack of information that I've been provided about this investigation and the data breach." In a statement, Genea told SBS its cyber teams are working hard to understand the nature and extent of the data that has been published, and to identify affected individuals. The Filipino community in Australia is marking Philippines Independence Day, with festivities to showcase the country's heritage, culture and community spirit. June 12th commemorates the declaration of Philippine independence from Spain in 18-98, and has been the country's National Day since 1978. Filipino-Australian Siegfrid Bacani was born in the Philippines and came to Australia as a teenager. He told SBS Filipino it is important that his son knows his heritage. "I read storybooks to him. Not that my Tagalog is that great, but it is important to celebrate culture."
ABC News
2 hours ago
- ABC News
WA nurse Gary Shane Stevenson deregistered for repeated theft of painkillers
A former West Australian nurse has been deregistered for repeatedly stealing controlled medication, which led to patients being deprived of the pain relief they were prescribed. The Nursing and Midwifery Board of Australia's (NMBA) application to the WA State Administrative Tribunal (SAT) found Gary Shane Stevenson stole medication 34 times in eight months. Tribunal documents show that between September 2021 and April 2022 Stevenson administered less pain relief than prescribed to multiple patients at Dongara Health Centre in the state's Midwest. In other instances painkillers were removed from the safe and incorrectly recorded as being for a patient, but were not prescribed or administered. The SAT documents state that in October 2021 patient JD went to the emergency department with severe abdominal pain, leading to a telehealth doctor prescribing morphine to be administered via a drip. The prescription stated JD was to be given morphine in 2.5 milligram increments four times overnight, but the records showed the patient only received three doses. At the same time an additional 10mg of morphine went missing from the safe. On another occasion Stevenson administered less morphine than prescribed to patient LW and later took an extra 10 milligrams of morphine from the safe, which was never prescribed or received by LW, and later forged the records. The tribunal documents stated that Stevenson "misappropriated" 240mg of morphine and also took more than 100 tablets of a prescription-only painkiller commonly known as Panadeine Forte. Stevenson held a senior position as clinical nurse at the Dongara Health Service and mostly worked in the emergency department. He was frequently the highest-ranking nurse on duty and he was responsible for a monthly audit of the drug registers. In April 2022 the NMBA received a tip-off about the mishandling of medication and that July Stevenson's nursing registration was suspended. In October 2022 he resigned from the clinic. In multiple instances Stevenson ignored a WA Country Health Service (WACHS) policy requiring a second professional to monitor the recording, administration or disposal of certain high-risk medications. Tribunal documents state that Stevenson "made acknowledgements" of his misconduct and that his actions had been "below the standard" expected of a registered nurse. Stevenson's nursing registration was cancelled at the tribunal on Tuesday after almost three years of suspension. The years of suspension were considered when handing down the disqualification and Stevenson cannot apply to re-register as a nurse for another 18 months. He has also been ordered to pay $5,000 towards the NMBA's legal costs. WACHS acknowledged the SAT's decision and emphasised that the "former employee" had not been associated with the organisation for years. "The individual concerned has not been a WA Country Health Service or WA Health employee since 2022," WACHS said.
