Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013

Submission Date: 26 April 2013

The Law Council of Australia strongly supports the enactment of legislative protections against discrimination on the grounds of sexual orientation, gender identity, intersex status and relationship status.

Numerous public consultations and extensive research suggest that lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Australia experience discrimination that can have a severe impact on their lives and wellbeing.¹ The existence of such discrimination undermines the values of equality and fairness that underpin Australian society and highlights shortcomings in the implementation of Australia’s international human rights obligations.

Amendments to the Commonwealth anti-discrimination regime are needed to address the gaps in existing protections for discrimination on these grounds and the Law Council supports the passage of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 (the Bill) as a mechanism to address these gaps.

The Law Council particularly welcomes the definitions of ‘sexual orientation’, ‘gender identity’ and ‘intersex status’ included in the Bill; the protections against both direct and indirect discrimination on these grounds; and the grounds applying in all areas of work and public life that are currently covered under the Sex Discrimination Act 1984 (Cth).

^{1 See for example, Australian Human Rights Commission Consultation: Protection from discrimination on the basis of sexual orientation and sex and/or gender identity (2010) further information available at http://www.humanrights.gov.au/publications/consultation-protection-discrimination-basis-sexual-orientationand-sex-andor-gender; National Human Rights Consultation (2009) further information available at http://www.ag.gov.au/RightsAndProtections/HumanRights/TreatyBodyReporting/Pages/HumanRightsconsultat ionreport.aspx .}

Last Updated on 27/05/2025

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