Gender-neutral uniform update

Across all states, education departments are increasingly supporting gender-neutral school uniforms to foster inclusivity and avoid gender-based discrimination.

After years of rumbling complaints, widespread changes to uniform policies came about in 2017. Western Australia was one of the first states to mandate that all public schools had gender-neutral options when it announced in late 2017 that girls would no longer be forced to wear skirts or dresses.

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The early impetus for change was allowing girls the freedom of choice and movement that pants and shorts allowed. Wearing skirts and dresses sometimes prevented girls from active play or sitting cross-legged on the floor. There were also issues of modesty and stereotyping.

At the time, the Acting WA Commissioner for Equal Opportunity Dr John Byrne said: “Gender neutral school uniform options not only allow male and female students to comfortably engage in the same physical activities, they often reflect acceptable dress codes in the wider community.”

Victoria also changed their rules in 2017, giving girls a choice in their school uniforms.

Queensland and New South Wales both followed the year after, making it a policy that all students could wear pants or shorts. NSW also mandated that students with all body types should have options that were both comfortable and affordable.

Tasmanian School Dress Code and Uniform Policy now calls for “unisex” clothing options while there are no specific policies in the NT or ACT.

Policy updates for trans students

While there is now widespread acceptance of female students wearing pants and shorts, the conversation has more recently moved to uniform options for trans or non-binary students.

The Anti-Discrimination Act 1991 prohibits state schools from discriminating on the attribute of gender identity or sexuality. The Sex Discrimination Act 1984 also prohibits discrimination on the basis of a person’s sex, gender identity, intersex status or sexual orientation in the area of education.

This meant that dress codes that restricted or dictated certain uniform items for males and females could be considered as an infringement of the Act.

South Australia introduced a policy earlier this year allowing transgender and intersex students the right to wear the uniform and use the toilets of the gender they identify with. Queensland has also adopted a similar policy mandating that public schools should offer “school uniform option should be available that can be worn by students of any gender [and] students who are transgender or intersex should be permitted to wear the uniform of their choosing.”

The Sydney Morning Herald reported in 2021 that: “It is Department of Education policy to allow transgender students to wear the uniform that matches their stated identity but removing the gender labels from clothing makes coming out less visible, serves children who identify as “gender fluid” or “gender non-binary” and provides more options to all students.”

The Dress Code in WA has not been updated since it’s major change in 2018, with no specific mention of trans or intersex students, but it mandates gender-neutral options for all students and does not allow for discrimination on the basis of gender identity or sexual orientation.

The policy in Victoria is more categorical, with specific mention of trans and gender-diverse students and the requirement they are explicitly mentioned in school dress codes. It states “It is Department of Education policy to allow transgender students to wear the uniform that matches their stated identity but removing the gender labels from clothing makes coming out less visible, serves children who identify as “gender fluid” or “gender non-binary” and provides more options to all students. The department requires schools to support students who want to affirm their gender identity at school, including wearing the appropriate uniform that reflects the gender identity of the student.”

The shift toward gender-neutral school uniforms across Australian states is a meaningful step towards inclusivity, not only addressing the concerns of female students but also supporting trans, gender-diverse, and non-binary students. However, it should be remembered that these policies are only mandated for public or State schools, and independent and Catholic schools are still responsible for their own dress code policies.

This evolving approach acknowledges the importance of providing attire that allows every student to participate fully in school life without the restrictions of traditional dress codes and provides a greater level of comfort and freedom of expression for everyone.

The Term 4 edition of School News is out now. Read it online HERE.