Human Rights Commission backs women-only hiring at First Nations alliance

The Australian Human Rights Commission has granted the National Aboriginal and Torres Strait Islander Women’s Alliance (NATSIWA) a five-year temporary exemption to advertise for and employ only women, including in Special Project and Communication Officer roles. The decision, signed by Commission President Hugh de Kretser in August 2026, was published in the Commonwealth of Australia Gazette on 2 September 2026 under reference C2026G00585.

The exemption was granted under section 44(1) of the Sex Discrimination Act 1984 (Cth) (SDA), which empowers the Commission to exempt conduct from the Act’s prohibitions for a period not exceeding five years. NATSIWA, the peak Aboriginal and Torres Strait Islander women’s alliance in Australia, is funded by the Department of Prime Minister & Cabinet under the Gender Equality Working for Women Strategy to bring together the voices of First Nations women’s organisations and individuals across the country.

The application

The application was made on behalf of NATSIWA by its CEO, Ms Wendy Anders. NATSIWA’s leadership team comprises nine Aboriginal and Torres Strait Islander women directors representing each state and territory and the Torres Strait, and its staff includes a Chief Executive Officer, a Senior Project Officer and a Communication Officer.

The exemption allows NATSIWA to advertise for and employ women — inclusive of gender diverse women — to fill positions within the organisation for five years. The Commission found that female workers are best placed to respond, in consideration of trauma-informed support, to Aboriginal and Torres Strait Islander women, who often disclose experiences of domestic and family violence, women’s health and “women’s business” in face-to-face settings such as yarning circles and cultural healing camps.

• The Special Project Officer and Communication Officer roles require staff to work out in the community, liaising with women whose lived experiences inform NATSIWA’s submissions to the Department of Prime Minister & Cabinet.
• The Commission accepted that Aboriginal and Torres Strait Islander women will not open up to men about their experiences, making women-only staffing necessary for culturally safe engagement.

Consultation and supporting submissions

The Commission ran a two-week public consultation period, publishing the applications and inviting submissions from State and Territory anti-discrimination bodies, Equal Opportunity Commissions and relevant peak bodies. It received five submissions, all from organisations and all in favour of granting the exemptions.

• Anti-Discrimination NSW supported the exemption, noting the importance of delivering culturally safe activities to Aboriginal and Torres Strait Islander women.
• The Wiyi Yani U Thangani Institute for First Nations Gender Justice submitted that women are uniquely positioned to undertake the work with authenticity, empathy and the capacity to foster trust, and affirmed the inclusion of trans women and Sistergirls within First Nations communities.

A broader decision

The Commission dealt with NATSIWA’s application together with two related applications raising similar issues. It also granted a five-year exemption to Thirrili Ltd to advertise for and employ only men as Indigenous Community Support Workers, and to Mary’s House Services Ltd to employ only women in Domestic and Family Violence Specialist Caseworker and Refuge and Casework Manager roles, as well as in certain non-casework roles.

The Commission emphasised that temporary exemptions should not be granted lightly, as they take conduct out of the SDA’s prohibitions and deny redress to affected persons for the exemption period. It concluded that the five-year period is proportionate, providing stability for NATSIWA’s programs and enabling continuity of culturally informed practice while the organisation continues to deliver outcomes under Commonwealth funding frameworks.

The decision confirms that targeted, gender-specific hiring can be a reasonable and necessary response to substantive inequality, allowing First Nations women’s services to maintain the cultural safety and trust that their members rely on when sharing deeply personal experiences.

Source: Commonwealth of Australia Gazette, Government Notices, 2 September 2026, p. 1 (official reference: C2026G00585).