Discrimination bill set to pass
Intersex people will be protected from legal discrimination and elderly LGBTI people will be assured of places in religious nursing homes under wide-ranging anti-discrimination laws set to pass federal Parliament.
The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 passed through the House of Representatives on Friday, complementing existing legislation in several states and expanding protections from discrimination to include 鈥渟exual orientation, gender identity, intersex status, marital or relationship status鈥�.
The bill is the first of its kind in the world to ban discrimination based on someone鈥檚 intersex status, a feat Organisation Intersex International Australia (OIIA) President Gina Wilson described as 鈥渁bsolutely marvellous鈥�.
Attorney-General Mark Dreyfus QC said the reforms were 鈥渓ong overdue鈥� and that he was 鈥渄elighted鈥� to be bringing them forward.
鈥淭he absence of these protections at the federal level means that many members of the LGBTI community have been victims of discrimination when accessing accommodation, healthcare, and everyday consumer services,鈥� Dreyfus said.
He also announced the government would introduce amendments in the Senate that will stop religious aged-care facilities from legally discriminating against LGBTI people in nursing homes and employment.
As the legislation currently stands religious bodies are largely exempt from anti-discrimination provisions, enabling them to discriminate in hiring practices and services provided by entities they run, such as charities and private schools.
Under proposed amendments to the bill released by the Attorney-General鈥檚 office, however, those exemptions would not apply to 鈥渁ccommodation provided by a religious body鈥� that provides Commonwealth-funded aged care, or to 鈥渢he employment of persons to provide that aged care鈥�, effectively banning religion-based aged care facilities from refusing to admit elderly LGBTI people or hiring LGBTI aged care workers.
Minister for Ageing Mark Butler said it was 鈥渘ot appropriate鈥� for aged-care providers to discriminate in their care for the elderly 鈥渨hen such services are provided with taxpayer dollars鈥�.
鈥淲hile most aged care service providers are accepting of residents regardless of sexual orientation, gender identity or intersex status, we think there should be legal protection that ensures such discrimination cannot occur,鈥� Butler said.
While the amendments mean the bill must go back to the House of Representatives for a second vote, it is likely the government will push for the bill to be passed completely before the federal election in September.
