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Background

Scope of the Anti Discrimination Act –Response to the Recommendations

Extension of Employment/Work Environment

Marital Status

Exceptions and Exemptions

Superannuation

Other Recommendations

DRAFT ANTI-DISCRIMINATION BILL 1999

Conclusion

MAJOR REPORT - April 2000

The NSW Anti-Discrimination Act

Submission to the Attorney General’s Department in response to the Law Reform Commission Report 92 (1999) Review of the Anti-Discrimination Act 1977 (NSW)

PART A - Background

1.1. About the Gay and Lesbian Rights Lobby

The Gay and Lesbian Rights Lobby (GLRL), established in 1988, is the representative organisation for gay and lesbian rights in New South Wales. Our mission is “affirming our pride in our identity by achieving legal equality and social justice for lesbians and gay men”.

GLRL has a strong history and extensive experience in legislative reform. In New South Wales, we led the fight for recognition of same sex de facto relationships, which led to the enactment of the Property (Relationships) Legislation Amendment Act 1999. We were involved in development of the detail of the legislation and it was based on the De Facto Relationships Amendment Bill 1998 which had been drafted by GLRL with Parliamentary Counsel.

GLRL is involved in all areas where discrimination is experienced by lesbians and gay men.

• In conjunction with the Inner City Legal Centre, GLRL conducts the Gay and Lesbian Legal Rights Service, which provides free legal advice one evening per week. The ‘real life’ cases that present through this service inform our law reform campaigns. The issues include a large number of discrimination cases.
• The Lesbian and Gay Anti-Violence Project was established by GLRL in 1991 to eliminate haterelated violence against lesbians and gay men. It works in the wider community to change the attitudes which perpetrate violence; conducts research and provides individual services to survivors of violence.
• Other current projects of GLRL include workplace discrimination; rights education; and law reform advocacy in the areas of superannuation, relationships and parenting, and age of consent.

GLRL represents gay men and lesbians and does not claim to have a mandate to speak on behalf of transgender people who need to be consulted on the Report. However, we note that many transgender people are part of our community and share experiences of oppression and discrimination. We, therefore,
recognise the need for more to be done to decrease the high rates of discrimination faced by transgender people. Clearly this is a fairly new ground in the Anti-Discrimination Act 1977 and needs some changes to improve access to complaints mechanisms for transgender people. We strongly support the submission of Elizabeth Riley on behalf of the Gender Centre in this regard.

1.2. The Anti-Discrimination Act – Addressing Substantive Needs

As outlined in more detail later in this submission, lesbians and gay men continue to suffer high rates of discrimination, harassment and violence.
Therefore, we are supportive of the continuing need for anti-discrimination legislation and the important role it has in:

• providing a mechanism for complaint;
• educating the community on the existence of discrimination and the need for change;
• promoting the self esteem of marginalised groups, including gay men and lesbians; and
• giving a strong symbolic message that as a society we support human rights and the acceptance of difference.

In our direct experience the Anti-Discrimination Act (“ADA”), by specifically identifying discrimination on the grounds of homosexuality, is a critical educational tool in combating homophobia and discrimination against lesbians and gay men.
We are supportive of a right to substantive, as distinct from formal, equality [Recommendation 7] and emphasise that any changes that are made to the Act must be consistent with this principle.