18 December 2008 - Report a 'good start'; sexuality discrimination protection still a top priority

The Gay & Lesbian Rights Lobby (GLRL) today welcomed the Senate Legal and Constitutional Affairs Committee’s report into the effectiveness of the Sex Discrimination Act 1984 (Cth) (‘SDA’). The Committee recommended an immediate amendment to the definition of ‘marital status’ under the SDA, to ensure same-sex couples also enjoyed protection from discrimination on the basis of their relationships status.

“The GLRL welcomes the Committee’s recommendation to extend ‘martial status’ protections to same-sex couples,” said Peter Johnson, GLRL spokesperson, “Whilst this is a good start, martial status protections are a relatively small change which will not provide lesbians and gay men from broader discrimination in areas of employment, goods and services, education or accommodation.”

No federal protection against discrimination on the basis of sexual orientation or gender identity currently exists. However, NSW anti-discrimination law protects against some forms of discrimination on the basis of homosexuality and transgender status. Without a federal act however, inconsistencies and gaps remain.

The Committee also recommended that the Australian Human Rights Commission undertake an inquiry by 2011, into the need for a federal Equality Act. This would serve to streamline the currently existing anti-discrimination legislation and consider the need for further grounds of protection, such as on the basis of sexual orientation or gender identity. 

“There is no place for discrimination against GLBT people in Australia in 2008. The need for comprehensive discrimination protection on the basis of sexual orientation and gender identity should be a top priority for the Government,” said Johnson, “With increasing interactions between the GLBT community and federal service providers following the recent same-sex reforms, the need for federal discrimination protection is more pressing than ever.”