Discrimination ruling over Mona's Ladies Lounge raise questions ...

There are men-only clubs, women-only gyms and an array of other facilities that operate on the basis of being exclusive to one gender.

So how come they can exist, but Mona's Ladies Lounge was found to be discriminatory for refusing a man entry?

Hang on, what happened?

New South Wales man Jason Lau visited Hobart's Museum of Old and New Art (MONA) in April last year and was refused entry to the Ladies Lounge, and made a complaint that was referred to the Tasmanian Civil and Administrative Tribunal (TASCAT)

The Ladies Lounge features artwork in a small private room enclosed by green curtains, with only those who identify as women allowed to enter, apart from the male butlers "who live to serve women, attending to their every wish and showering them with praise and affection".

Artist Kirsha Kaechele and supporters arrive for the hearing in March, with their actions at the hearing criticised later by the tribunal.(Supplied: Charlotte Vignau)

TASCAT found although the Ladies Lounge was "for a good faith artistic purpose", the refusal to permit Mr Lau entry constituted "direct discrimination,' with Mona given 28 days to stop refusing entry to people who don't identify as ladies.

"If the Ladies Lounge were a women-only club it might well be able to lawfully function for its members as it functions now for women patrons of Mona," TASCAT deputy president Richard Grueber noted.

After the complaint was lodged, the lounge's creator Kirsha Kaechele, said men were getting to "experience" the lounge as art.

"Their experience of rejection is the artwork."

Mona, and its founder David Walsh — Kaechele's husband — are no strangers to controversy, with a number of calculated — and inadvertent —artistic provocations which have drawn publicity, including inverted Christian crosses erected as part of the Dark Mofo winter festival, and a bull's slaughter as part of its festival offerings.

The Museum of Old and New Art (MONA) is a popular attraction in Hobart's north.(Facebook: MONA)

Why is the Ladies Lounge discriminatory but men-only clubs are not?

Basically, the Tasmanian Anti Discrimination Act (1998) states that you are not allowed to treat someone differently based on an attribute or characteristic like, gender, sexual orientation, race, religion, or disability.

But there are exceptions to this rule.

This can be understood as "equal opportunity" which aims to create positive discrimination by equalling the playing field or opportunity for a disadvantaged group.

"A person may discriminate against another person in any program, plan or arrangement designed to promote equal opportunity for a group of people who are disadvantaged or have a special need because of a prescribed attribute," the Act states.

Things like women-only gyms are for women to feel safe, promoting equal opportunity, and men's sheds are to promote men's mental health.

Men-only and women-only social clubs are allowed under a specific exemption about 'clubs' which can discriminate based on gender for the benefit of club and that it is provided to both men and women separately.

Mona's Ladies Lounge, however, was not a club and had no membership.

Kirsha Kaechele and David Walsh.(MONA: Jonathan Wherrett)

Power 'still lies with men', Mona artist says

Jason Lau argued that the artwork's goal of addressing gender imbalance was vague and lacking context, and did not promote equal opportunity.

Kaechele told the hearing the purpose of the artwork was to create a space for women in response to a historical disadvantage.

"An essential space for perspective and reset from this strange and disjointed world of male domination," she told the hearing.

She said the artwork's intention is to promote equality for women, a group which is disadvantaged and that may be established by past discrimination.

She gave the example of women, prior to 1970, being refused entry to public bars in hotels.

"Power still absolutely lies with men regardless of what the law says," Kaechele said during the hearing.

Law needs to be 'modernised', commissioner says

Tasmanian anti-discrimination commissioner Sarah Bolt said the act needs to be "modernised".

"The Anti-Discrimination Act definitely needs to be reviewed. Since 1998 there has been no significant amendments; it was once a gold standard but it is now significantly lagging behind anti-discrimination laws in the country."

"I hope that once a new government is formed there is an appetite to revisit the Anti-Discrimination Act and do a full review of it," she said.

Complaint 'missed the point', says art consultant

Arts consultant Kath Melbourne says she is disappointed by the tribunal's outcome.

"Art of this nature wakes us up. It asks us to question our very humanity, it asks us to reach across to see what life is like for another person to examine our history in a different way to question the very stories that we tell ourselves as a nation and the very lies we tell ourselves as a nation," she said.

"There was a sense of art losing that day.

Arts consultant Kath Melbourne says the decision "misses the point" of the artwork.(ABC News: Maren Preuss)

"I think it's also sad to see that something that is questioning the very history of Australia and the way that women were not allowed to go into spaces, caused so much offence that it motivated someone to go to court."

She said Mona was well known for being "a bit edgy" and "somebody bought their ticket to Mona with a full understanding about what Mona is and what it does".

"Now it's opened the door up for people to say 'I'm offended by something, I'm going to use the power of the law to cement that kind of offence and amplify that kind of offence'.

"It does miss the point."

Fight not over?

Following the tribunal finding being delivered, Kaechele made a brief appearance in front of the media, stating she was "a little overwhelmed".

"They say that the artwork has to be reformed, but I fear its beyond reform," she said.

A Mona spokesperson said "we are deeply disappointed by the decision".

"We will take some time to absorb the result and consider our options."

Before the hearing, Kaechele indicated she would take the matter to the Supreme Court if the outcome was not in Mona's favour.