2 One hundred years ago men gathered to draft the Australian Constitution. A challenge under sex discrimination legislation has two primary aspects.
Political parties exist on both federal and state levels.
Party organisation exists in respect of federal elections and in respect of state elections. It is therefore relevant to look at the application of discrimination legislation in the context of both. The question whether a challenge to preselection processes can be mounted under the Sex Discrimination Act remains open. Anti Discrimination Act 1977 in New South Wales, Equal Opportunity Act 1995 in Victoria, etc - to determine whether political parties come within their terms and then whether the preselection process can itself come within the provisions of the legislation. In the Australian Labor Party, one aspect of factional organisation that is complained about by women members is that it rules them out of having their vote in the preselection process taken into account in a way that is 'truly' non sex discriminatory.