The honour is unlikely to be revoked.
Amid a similar controversy last year, the council said the threshold for stripping someone of their award was a court conviction or misleading material given during the nomination process.
There were vocal - but ultimately unsuccessful - calls last year to strip awards from both men's rights activist Bettina Arndt and journalist Mike Carlton.
“The council recognises that the law prescribes behaviours, and expressions, which are abhorrent to society and therefore uses law as the threshold for termination and cancellation,” council chair Shane Stone said.
Meanwhile, medical professor Caroline de Costa has become the latest to pledge to return her Australia Day honour in protest at the decision to award Ms Court.