Media Release: Submission to the Gay and Transgender Hate Crimes Between 1970 and 2010 in the 57th Parliament

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Submission to the Gay and Transgender Hate Crimes Between 1970 and 2010 in the 57th Parliament

The NSW Gay and Lesbian Rights Lobby has made its submission to the inquiry into the Gay and Transgender Hate Crimes Between 1970 and 2010 in the 57th Parliament.

Lobby Convenor, Jack Whitney stated : “… murder has always been a crime in NSW. Hate crime is a crime in NSW. A fair and decent civil society should not only actively try to strike down these crimes and hate where it occurs, but it should also acknowledge past wrongs when it fails to intervene.”

“As this inquiry has seen – this hate LGBTIQ Australians have experienced, solely for being LGBTIQ, is vast and wide. Therefore, in making this submission the NSWGLRL seeks to highlight our position that an apology is overdue, that NSW Police has a responsibility to change its culture and provide training so that it can effectively serve the public, and that the services and community organisations that provide care to LGBTIQ Australians be funded so they can continue their important work”, Lobby Convenor, Jack Whitney stated.

You can read our full submission here.

NSW GLRL statement on Religious Freedom Bill

There is no such thing as “equality – but with exceptions”. Following consultation on the second exposure draft, the NSW GLRL (the Lobby) will now oppose any Religious Discrimination Bill as long as Scott Morrison and Christian Porter remain in power.

Convenor of the Lobby, Jack Whitney, stated today “This second draft is a slap in the face. This Coalition Government cannot be trusted to introduce fair, measured and equal laws that protect LGBTI people, women, people with disability, and faith-based communities.”

Whitney further stated that, “The lobby and the LGBTI community extended the olive branch to Scott Morrison during the first round of consultations. We were engaged in the process, genuinely and wholeheartedly… we want to bring communities together, not divide them”.

The Lobby in its consultation reached the view that this second draft is inconsistent, lacks compatibility with state laws, and is significantly more complex. Whitney, who is concerned about the day-to-day reality for LGBTI communities if the Bill is to pass, stated, “It is almost impossible to contemplate such a Bill being applied with our current modern anti-discrimination laws… not to mention completely denigrates the consultation process and signifies that the Coalition Government does not take seriously our concerns”.

The Lobby has consulted with members of parliament, both in the Coalition Government and the Opposition, and it has become clear that there is disagreement within the Coalition, and the Opposition cannot formulate a position from this second draft. Whitney stated Scott Morrison and Christian Porter, “lack the leadership and clarity to bring together the parliament, the LGBTI community, and the faith-based communities on this issue”.

The NSWGLRL believes that rather than further watering down the current legal protections of LGBTI people with this Bill, we need stronger laws that provide further protections for LGBTI people.

The reason for this can be seen most recently in the Newtown Police case of homophobic discrimination brought by four former police employees. Despite offering substantial evidence of homophobic incidents over many years, the NSW Civil and Administrative Tribunal found that common usage of insults like “faggots”, “lezzos” and even “gay cunts” didn’t of itself constitute bullying or harassment. If it was, however, a one-off serious comment of a sexual nature, it would likely be considered sexual harassment. This inconsistency must end. Improvements to legal protections should come from both NSW and federal parliaments in partnership with one another, guided by the LGBTI community.

Jack Whitney 
Convenor – New South Wales Gay and Lesbian Rights Lobby
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Australia said YES to LGBTI equality in 2017 – it’s time for NSW’s anti-discrimination laws to catch up.

Thursday 11 October 2018

The New South Wales Gay and Lesbian Rights Lobby has called on NSW Parliament to overhaul its dated Anti-Discrimination Act to reflect modern community sentiment.

Co-Convenor Lauren Foy said the outdated NSW laws were now among the worst in the nation.

“As we’ve all been reminded this week by many, including the Prime Minister, this state has some of the broadest exemptions and loopholes in favour of religious discrimination in Australia today,” Foy said.

“These laws do not belong in the 21st Century. They are prejudiced, and they are archaic. Kids shouldn’t be allowed under law to be kicked out of school just for being gay, lesbian, or transgender.

“After the overwhelming public victory for equality in the 2017 national marriage survey, it’s high time for NSW anti-discrimination law to be brought into line with modern community sentiment,” Foy said.

Ms Foy noted the 2010 decision of the Court of Appeal, allowing Wesley Mission to discriminate on religious grounds against a male same-sex couple who had applied to be foster carers to children in need.

“NSW law leaves major loopholes, largely for religious organisations, to discriminate against LGBTI people in a wide variety of circumstances in their everyday life.

“From schooling, to healthcare, to adoption – NSW law leaves LGBTI people exposed to extraordinary discrimination that’s long been out of step with community sentiment,” Foy stated.

NSW was the first Australian jurisdiction to introduce anti-discrimination laws covering homosexuality in 1982. However, in the 35 years since, these laws have gone from ‘first to worst’ – they do not cover bisexuality or sex characteristics, according to Co-Convenor James Bolster.

“The NSW Anti-Discrimination Act doesn’t provide protections for bisexuals, and needs a major overhaul of definitions and application for transgender, non-binary and intersex people,” Mr Bolster said.

“Our state parliament has shown great leadership by updating vilification law this year – and we have every hope they can do so again,” Mr Bolster concluded.

The NSW Gay and Lesbian Rights Lobby will continue to work with all NSW parliamentarians to ensure the modernisation of anti-discrimination law in NSW.

Religious Freedoms Report signals social cohesion and the rights of Australian Kids now at risk from Canberra

After media leaks today from the ‘Religious Freedoms’ Report, both major federal political parties must immediately rule out legislating discrimination against LGBTI Australians, warned the NSW Gay and Lesbian Rights Lobby today.
“This is about our children and the type of country we all want to live in,” Lobby Co-Convenor Lauren Foy said.
“Do we want to live in a country where thousands of young LGBTI kids are being taught their innate sexuality, their gender, or their choice of relationship is wrong or immoral or unnatural?”
After the revealing health and wellbeing impacts of the marriage survey on LGBTI Australians twelve months ago, GLRL has warned of the impacts of further government-endorsed discrimination.
“Twelve months ago, we saw demand for mental health services spike because of the Government’s marriage survey which put the innate rights of LGBTI Australians up for public debate,” Foy said.
“It feels like we are back here again. Can you imagine the mental health impacts on young Australians if the Federal Government legislates to support religious schools teaching our children that their sexuality – that who they are – is wrong?”
NSW Gay and Lesbian Rights Lobby Co-Convenor James Bolster called on leaders to remember the enormity of the 2017 vote for equality for LGBTI Australians.
“After the unprecedented scale of the last year’s victory for equality for LGBTI Australians, it is on all parliamentarians to respect the will of the people, and to back in the rights of young LGBTI kids at religious schools.”
“Our Parliamentarians should remember that Australians did not support further discrimination against LGBTI people – they supported equality. The same message should be heeded by anyone wanting to be a parliamentarian, including candidates in Wentworth.”
Wentworth recorded an 81% result in favour of equal marriage rights for LGBTI couples in 2017.
“Unless our representatives rule out this proposal, it puts so much at risk – it risks our social cohesion by pitting religious communities against other minorities; it risks the rights of Australian kids to be raised in supportive environments free from harm.”
Today, 10 October, is World Mental Health Day.
ENDS

Rights Lobby welcomes Inquiry, warns Police they must do more to earn community’s confidence

19 September 2018

The Gay and Lesbian Rights Lobby (NSW) welcomes today’s announcement of a NSW Parliamentary Inquiry into gay and transgender hate crimes and the current criminal justice culture relating to such crimes. The Lobby has been involved in the collection of evidence around LGBTI hate crimes for nearly 30 years – a number of which were looked into through the Operation Parrabell report.

“This inquiry is overdue. For the heartbroken friends and family members of these individuals, who were targeted and murdered, it has been a decades long journey for justice and redress. And that journey is not over,” Co-Convenor Lauren Foy said.

The Lobby warned, however, that after years of goodwill the final release of the Operation Parrabell report was deeply disheartening and only added to the call for an Inquiry.

“The NSW Police spent pages and pages of its Parrabell report attempting to frame these violent murders as somehow ‘a part of the times’. They also ducked any obligation they had to assess the role of Police bias in the often woeful response to these crimes due to widespread social prejudice against LGBTI people.

“Murder has always been considered a crime in NSW. Social prejudice has never been an excuse for murder. This shows just how far is left to go for NSW Police in 2018,” Foy said.

The Lobby also believes there is mounting evidence NSW Police has failed to properly address its internal culture relating to LGBTI people and crimes affecting them.

“In the past year we’ve seen shocking revelations about an alleged culture of institutional homophobia within NSW Police, including bullying of employees at Newtown Local Area Command, and a failure to take cases of domestic violence seriously when reported by LGBTI people,” Foy said.

“Unfortunately this goes to the highest levels of NSW Police, with the current Commissioner involved in attempts to internally resolve the Newtown homophobia case.

“If it wasn’t for the bravery of these individuals and the work of Dowson Turco Lawyers, NSW Police would still be turning a blind eye to homophobia within its ranks,” Foy said.

While welcoming the Inquiry, the Lobby highlighted there are practical steps NSW Police can take today to improve the situation – if it has the appetite for real change.

“NSW Police doesn’t have to wait for an Inquiry to take action. We want to see ongoing education modules relating to LGBTI people as a standard of employment for every employee of NSW Police – from the Commissioner down. It is no longer good enough to have a handful of ‘trained’ GLLOs.*”

“An individual living in any corner of this state should be able to deal with any NSW Police employee with confidence, knowing they will be treated equally and respectfully.

Until that becomes a reality, NSW Police have not done enough to earn the community’s confidence and NSW Parliament, sadly, must act to make it a reality for LGBTI people.”

The Lobby acknowledges the long-running advocacy of Shayne Mallard and Penny Sharpe among many parliamentarians who supported establishing this Inquiry, as well as the vital importance of ACON’s report In Pursuit of Truth and Justice released this year.

*Gay and Lesbian Liaison Officers, NSW Police.

NSW Government signals reforms to state’s vilification laws to protect all LGBTI people

NSW Gay and Lesbian Rights Lobby today welcomed the Berejiklian Governments moves to strengthen protections for LGBTI communities in NSW via the passage of the Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018.
“The limited coverage offered by previous the NSW anti-vilification framework was in clear need of reform and this Bill presented a strong opportunity for the Government to make it clear that vilification in NSW under no circumstance, is acceptable. This is a reform process NSWGLRL have worked very closely on for many, many years.”
“We are pleased to have worked with the Keep NSW Safe alliance across multi-faith and multi-cultural lines, the then Attorney-General, the member for Vaucluse, the Hon. Gabrielle Upton MP, and Dr Stepan Kerkyasharian, AO, who undertook broad community consultation beginning in November 2016 and to date, with Attorney General Speakman to come to consensus on creating a framework for strengthening social cohesion.” says Lauren Foy of NSWGLRL.
Attorney General Speakman has informed that legislation will create a new offence in the Crimes Act of publicly threatening or inciting violence against people on the grounds of race, religious affiliation, sexual orientation, gender identity, sex characteristics or HIV/AIDS status, including a maximum penalty of three years imprisonment and a fine of $11,000.
This means that any form of communication (including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods) to the public, and any conduct (including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia) observable by the public, as well as the distribution or dissemination of any matter to the public will become illegal. Such an act may be a public act even if it occurs on private land.
Significantly, the new offence will be investigated by the NSW Police Force and require the approval of the Director of Public Prosecutions to commence a prosecution, making the process of complaint and investigation more stream lined as per the recommendations of Standing Committee on Law and Justice to inquire and report into the serious racial vilification offence in the Anti-Discrimination Act from 2013.
NSWGLRL are encouraged by these new reforms and congratulate the Attorney General on progressing this work. It is certainly a welcomed step in the right direction for many communities in NSW, with legislation now providing protections for bisexual people and people with atypical sex characteristics. Such considerations and the adoption of these legislative change see NSW brought into line with the Commonwealth and other states and territories with respect to these matters.
However, exemptions relating to discriminatory acts that are permitted or necessitated by legislation still continue to remain outstanding in the NSW Anti-Discrimination laws.
As such, NSWGLRL consider LGBTI issues should have been simultaneously addressed in conjunction with reforms to racial vilification, specifically, reform to section 20C and 20D of the Anti-Discrimination Act 1977 (NSW) – this was a missed opportunity.
For equal opportunity protections to truly extend to LGBTI people in NSW, the NSW Anti-Discrimination Act 1977 (NSW) must be amended.
“NSWGLRL believes that the groundswell of support is moving in the direction of removing the last bastion of remaining discriminations against LGBTI Australians in NSW. We also note the hurtful, vitriolic debate regarding the survey on changes to the Marriage Act (Cth), the contributions of some religious bodies to the “no” debate” and the negative impact that this debate had on LGBTI Australians living in NSW.
NSWGLRL support the proposal to hold all people, including religious bodies, more accountable for their actions and the effect that their actions have on LGBTI people living in NSW. Just as these laws protecting identified groups from threats of violence are important to securing the safety of NSW communities, laws and principles of non-discrimination are also paramount to demonstrate the Government’s commitment to protecting our diverse and vibrant communities for the benefit of all New South Wales residents.” Says Foy

New Committee of Management for NSW Gay and Lesbian Rights Lobby

The fight for LGBTI rights has made significant advances in recent years, but there is still much to do – and the NSW Gay and Lesbian Rights Lobby is leading the charge.

At the recent Annual General Meeting the Lobby’s Committee of Management was refreshed, with new members bringing a range of skills and experience.

Members of the Committee include experts in human rights and discrimination law, community development, and mental health marketing.

“It is an honour to work with such a dedicated team, and an exciting time to be involved,” the Co-convenors said.

“We are witnessing a dramatic change in the way LGBTI people are viewed in Australian society, but there remains a tremendous amount of work to do.”

It was noted at the AGM that in 2018 the Lobby will celebrate 30 years of continual advocacy.

“In 2018 the Lobby will celebrate 30 years of advocacy for vital law reforms affecting LGBTI communities – from decriminalisation of homosexuality through to marriage equality,” the Co-convenors said.

“We look forward to sharing a moment with you as we host a range of events, to consider what achieving and maintaining full equality looks like – and of course, to celebrate how far we’ve come!”

NSW GLRL’s Annual Report documents the group’s steps towards legal reform and equality for the state’s LGBTI residents, highlighting:

• The preparation of 11 detailed submissions to Government or Parliamentary Inquiries

• The development of a geo-mapping project to highlight hotspots of vilification across NSW, in partnership with Monash University and ACON

• The landmark national media moment of presenting 12 years’ worth of your Equality hearts on the front lawns of Australian Parliament

• Appreciation to the amazing volunteers who helped the Lobby participate in 10 community based events

• We partnered to host the biggest pro LGBTI rally seen in NSW’s history

• We participated in 104 stakeholder and community meetings

• We provided 347 media interviews and comments nationally and internationally.

According to the report, the organisation’s goals for the year ahead include working on combatting discrimination, especially removing exemptions for religious organisations. Legislation needs to address the fundamental right to equality and non-discrimination before the law and corresponding rights to security of the person within the context of a Human Rights Framework, comprehensive state and federal vilification and discrimination protections and safety for young LGBTI people and rainbow families.

Our law reform priorities.

FEDERAL

The removal of exemptions for faith based organisations receiving Commonwealth funding

Comprehensive Federal Vilification Protections

A national Surrogacy Framework

Reinvigoration of a Frame Work for Human Rights in Australia

Processing of Asylum seekers, queer and queer friendly services for asylum seekers and refugees in Australia, UN humanitarian intake, detention and shifting the conversation within LGBTIQ communities about intersectionality, human rights and equality

Marriage Equality*

STATE

The re-introduction of Safe Schools or a similar anti bullying program in NSW

Review of NSW Anti-Discrimination and Vilification legislation

Banning of Conversion/Reparative therapy

A review of the Expungement (conviction for homosexual activity prior to the decriminalisation of homosexuality NSW) Scheme to ensure best practice and equitable access

Independent police oversight and scrutiny of Operation Parrabell

LOCAL

Street Light Audit in partnership with the City of Sydney and Local relationships

Development of a Pride Centre in the Inner West

SENATOR SMITH’S MARRIAGE AMENDMENT BILL: THE ONLY LEGITIMATE BILL COME 15 NOVEMBER 2017

The NSW Gay and Lesbian Rights Lobby (GLRL) has today called on Federal Parliament to immediately enable debate on marriage equality legislation if the survey result is a majority “YES” on 15 November 2017.

“With nearly 11 million Australians having voted, and the Labor Caucus today backing Dean Smith’s Bill, the nation’s attention now rightly turns to ‘what will Parliament do once the result is announced?’,” Convenor of GLRL, Ms Lauren Foy said.

“The Australian Parliament mustn’t muck around if the Australian people say “YES” on 15 November – parliament must get behind Senator Smith’s Marriage Amendment Bill and pass it as soon as possible.”

The Senate will be sitting on 15 November and could potentially move to immediately debate Senator Smith’s Amendment Bill after the 11:30AM announcement of the survey result.

While equality advocates like GLRL have serious reservations about the Bill favouring religious rights over other rights for marriage celebrants, several conclude it’s the only legitimate Bill to quickly resolve the issue.

“Only one Bill has the legitimacy of being presented to the Australian public in the run-up to and during this unprecedented survey – and that’s Senator Smith’s consensus Bill,” Ms Foy said.

Senator Smith’s Bill has received national coverage in the lead up to, and during, the postal survey period. Major media organisations have provided analysis and coverage of the Bill, and our only nation-wide newspaper, The Australian, even provided its online readership with a full copy of the Bill in the first weeks of the postal survey period.

“We’re prepared to put aside our reservations about Senator Smith’s Bill favouring religious laypeople who are celebrants in order that Australia can have a resolution before Christmas 2017,” Ms Foy said.

“It has Labor’s backing and we know many in Parliament have said they support it – so now we all want to know: does Prime Minister Turnbull’s Cabinet support it?”

“If the nation says YES come 15 November 2017, then there’s no case for any other Bill to pass parliament – and no case for ushering in major new discriminations against LGBTI people under the smokescreen of so-called religious ‘freedoms’,” Ms Foy concluded.

Senator Smith’s Bill is based on the consensus report of the recent Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill. The Select Committee held public hearings and received over 400 submissions from the public, including several religious organisations.