respondents deny that Giggle is a trading corporation or is subject to the SDA, including by reason of, relevantly, s 9(11) and (13), engaging the trading corporation aspect of the power in s 51(xx) of the Constitution. As foreshadowed, I ultimately found that Giggle was a trading corporation at the time of the conduct the subject of this proceeding.
- (b) Ms Grover is the sole director and CEO of Giggle and was at all material times its controlling mind.
- (c) Ms Grover uses the Twitter (now X) social media platform, with the username Sall Grover and handle @[redacted], and describes herself as the "Founder and CEO of Giggle, a female social network".
- (d) At all relevant times, Giggle owned and operated the Giggle App.
30 The respondents principally deny any allegation of fact that describes Ms Tickle as a woman or any other allegation which directly or indirectly entails acceptance that this is so. I am satisfied that this reflects a genuinely held belief by Ms Grover and thus by Giggle, rather than reflecting any malice towards Ms Tickle, although manifested in the use of language that is unfortunate and unnecessary. However, that stance is not capable of meeting or denying the operation of the provisions proscribing gender identity discrimination if they are valid.
(c) Key provisions of the SDA
31 The key provisions of the SDA are as follows.
32 Section 4 defines gender identity:
gender identity means 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.
33 Section 5B describes the circumstances in which a person will discriminate against another person on the ground of gender identity, with sub-s (1) describing direct discrimination and sub-s (2) describing indirect discrimination:
5B Discrimination on the ground of gender identity
(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's gender identity if, by reason of:
- (a) the aggrieved person's gender identity; or
- (b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or
