Here at Redfern Legal Centre we often see clients who are harassed or discriminated against because of their sexuality or gender identity. People are discriminated against in their workplaces, by educational institutions and in accessing services they need. This kind of discrimination can have a devastating impact on a person’s health and wellbeing. Until now there has been no protection against discrimination on the basis of sexual or gender identity in Commonwealth legislation.
On June 25, 2013, the Federal Parliament passed landmark reforms to this area of law in the form of amendments to the Sex Discrimination Act. These amendments provide federal protection from discrimination for people in lesbian, gay, bisexual, transgender and intersex (LGBTI) communities.
The Bill makes it unlawful to discriminate against a person on the basis of their “sexual orientation”, “gender identity” or “intersex status”. It ensures that discrimination on these grounds is unlawful in the same circumstances as other grounds already covered by the Sex Discrimination Act such as work, education, and the administration of Commonwealth laws and programs.
The term “marital status” will also be replaced with a broader definition of “marital or relationship status”. This means that same-sex de facto couples will now be protected from discrimination on this ground, having previously been excluded from the definition of “marital status”.
There are some exceptions to the prohibition of unlawful discrimination in the Sex Discrimination Act. Religious organisations are exempt from many areas of discrimination law, and the current exemption for religious bodies and educational institutions will be extended to the areas of sexual orientation and gender identity.
Complaints of discrimination can be made to the Australian Human Rights Commission, and RLC can assist with these complaints.
We still have some way to go in LGBTI equality rights, but this is a step in the right direction!
Find the article on the South Sydney Herald website.
