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I’ve never had to appear before a Senate Estimates Committee before, but I imagine it would be quite nerve-wracking.

As a public servant you sit there… under the glare of the lights… being interrogated by politicians about your role, and whether you’re serving the interests of the Australian people or simply marking time until your next diversity training session.

Needless to say, you shouldn’t wing it.

You’d prepare. You’d rehearse. You’d make sure you could answer basic questions — like your own name — and possibly even stretch yourself to knowing what planet you live on.

Which is why it was somewhat astonishing to watch our Sex Discrimination Commissioner stroll in this week as though she’d mistaken Senate Estimates for a brunch date.

Especially since, at her last appearance in October, she was asked what she thought about biological males in female toilets, and responded with this gem…

What do you mean by biological males?

That was October.

You’d think, with eight full weeks’ notice, Anna Cody would have realised she had ONE job: figure out what a man is. Maybe even what a woman is. Nothing radical. Just the basics.

Maybe a dog ate her homework. Or maybe her dog identifies as her homework. I don’t know.

Sex Discrimination Commissioner Weighed…

Here she was yesterday, being questioned by Senator Leah Blyth…

At a previous Senate Estimates hearing you stated that you didn’t understand the term biological man. You’ve now had some time to look at that. Do you now have the definition of biological man or biological woman? What’s your understanding of it?

Dr Anna Cody replied,

Senator, I’m not a medical expert. I’m a human rights advocate.

Maybe we should have employed a medical expert as our Sex Discrimination Commissioner.

Seriously. She can’t tell a man from a woman because she’s not a doctor?

I’m not a park ranger, but I can tell a bear from a backpacker.

Senator Leah Blyth wondered aloud how a human rights advocate is able to advocate for women if she can’t distinguish a woman from a man.

Do you accept that there’s a clear criterion that exists to distinguish between male and female?

To which Dr Anna Cody replied:

The Sex Discrimination Act does not define man or woman. It has an inclusive definition of women that includes all women.

I imagine the Sex Discrimination Act doesn’t define man or woman because no-one ever imagined we’d have a Sex Discrimination Commissioner who needed someone to define for her terms that are well understood by your average preschooler.

But you heard her. The Act has an “inclusive definition of women.” A definition of women that includes all women.

Um, is there another kind?

… And Found Wanting

She then explains a definition of women that includes all women…

So that is First nations women, women from culturally and racially marginalised backgrounds, trans women, lesbians, women with disability.

So, according to Dr Anna Cody, a woman is an Aboriginal woman, a disabled woman, and even a migrant woman.

You’ll notice the structure: adjective plus woman.

The adjective describes the noun — it doesn’t DEFINE the noun.

You don’t need to be an English expert to grasp that. Just as you don’t need to be a medical expert to know boys and girls are different.

Of course, listing all those adjectives makes it much easier to slip “trans women” in there as though it were just another flavour of woman.

Which — brace yourself — it isn’t.

Having failed to define a woman, she was then offered a chance to define a man. Cue further fog.

What’s a man?

Senator all the same definitions that I’ve just given in relation to women. So First Nations men, men with disability, culturally racially marginalized men and gay men. And trans men.

Dr Cody sure loves her adjectives.

Adjective Hypocrisy

Well, two can play that game.

What about the adjective… “biological”?

Asked if she recognised there are biological men and women, she replied…

As I said previously Senator, I’m not a medical expert.

Ah yes — we can identify First Nations men, disabled men, gay men, trans men…

But “biological men”?

That adjective is apparently SO dangerous… it requires a PhD and a hazmat suit.

Senator Leah Blyth responded…

So you think you need to be a medical expert to be able to recognise whether there’s a difference between biological men and women?

To which Dr Anna Cody shot back…

As I said my role is to uphold the sex dis act. It’s not defined what a man is, what a woman is within the sec discrimination act.

Advocating for a Group You Can’t Define?

Now that raises a rather obvious problem does it not?

If the Sex Discrimination Commissioner doesn’t know what a man or woman is — and if the law she enforces doesn’t define what a man — or a woman is — then how exactly does she prevent sex discrimination?

Senator Leah Blyth…

Can I ask how you can advocate and stand up for the equality of women if under your own evidence today anyone can be a woman. How do you protect and advocate for what you can’t define.

Dr Anna Cody…

My role is to advocate for gender equality as I have been over the past two years. Holding consultations around women’s experience of workplace sexual harassment, advocating around sexual violence. That is how I advocate for women.

Amazing.

One minute no one knows — least of all the Sex Discrimination Commissioner — what a woman is. And the next minute she’s passionately advocating for them — whoever they might be.

Senator Leah Blyth again…

Your definition of a woman there though is anybody can be a woman. So if anyone can be a woman, how are you advocating for a group if you can’t actually define who they are and they could be anyone.

Dr Anna Cody…

I refer to my previous answers.

She wants us to refer to her previous answers? Those were the problem!

By now she was well and truly on the ropes.

With Senator Blyth pressing, Dr Cody cast a longing glance at the committee chair — Labor Senator Jana Stewart — who obligingly leapt in to protect her.

Senator Leah Blyth asked…

Do you think then if all men can be women and all women can be men it’s all fluid… does sex discrimination exist?

At which point Senator Stewart staged a rescue worth of the SAS…

Senator, I’m just going to suggest that I don’t think her personal views in relation to your questions. I think she’s outlined some responsibilities about her responsibilities. So I would just suggest that you not verbal the commissioner in terms of what it is she’s said here.

The Labor Senator accused Blyth of “verballing” the Commissioner — who, frankly, was doing a sterling job of verballing herself.

But Senator Blyth wasn’t done.

If men can be women and vice versa, does sex discrimination exist?

Here’s the response from Dr Anna Cody…

We know that sex discrimination is an ongoing and serious issue within our community as evidenced by the high rates of domestic and family violence. We know that one woman dies every eight days in Australia currently.

Hold up.

The Act doesn’t define a woman. The Commissioner can’t define a woman. So how exactly does she know it’s women who are dying?

Dr Anna Cody again…

The statistics that are collected are collected by a range of agencies including the Australian Bureau of Statistics. Each state and territory also has a body that collects statistics, and they are the organisations that would define the gender of the person that they’re collecting statistics on.

So the ABS knows what a woman is.

State agencies can tell the difference.

And there are trained professionals across the country who possess this secret, mystical knowledge.

It’s just never been shared with the one person whose job relies on it: the Sex Discrimination Commissioner.

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