Resilient Individuals report (2015)
Read the 2015 National Consultation report on LGBTIQA+ lived experiences in Australia, examining resilience and wellbeing across diverse communities.
Summary
Despite recent progress, LGBTIQA+ people continue to face a range of significant challenges in Australia, including:
- poor community understanding of their unique issues
- structural discrimination
- A lack of knowledge and skills in public services like education, health, and aged care to meet their specific needs
- The intersection of the human rights of LGBTIQA+ people with the rights of others, notably about religious freedom
- negative views within families are affecting children who need support during their development
- marginalisation, bullying, harassment and violence.
A note from the Commission
Please note that this report was published in 2015. The Commission acknowledges that language in this space has evolved over time and recognises that some of the definitions and terminology used in previous work are outdated and do not reflect current understandings of LGBTIQA+ identities and experiences.
Download the report
Resilient Individuals: Sexual Orientation Gender Identity & Intersex Rights
National consultation report - 2015
Findings and recommendations
The report recommends responses from the federal, state and territory levels, including:
- law reform
- policy and practice changes
- research prioritisation
- diversity training in professional settings.
Australian Government recommendations
The report recommends that the Australian Government:
- Amend the Marriage Act 1961 (Cth) to equally recognise the partnership of 2 adult persons regardless of the gender of the partners.
- Identify alternative options to the requirement of a Family Court Order for access to hormone treatment for children under the age of 18 (while continuing to ensure safeguards that take into account relevant and appropriate medical opinion and the views of the young person seeking treatment).
State and territory governments
The report recommends that state and territory governments:
- Review and amend anti-discrimination laws so that they are inclusive of sexual orientation, gender identity and intersex issues (SOGII).
- Remove the requirement that married couples get divorced in order for one partner who is transitioning their gender to have it acknowledged on official documentation.
- Provide a final 12-month extension for states to bring their laws into conformity with the Sex Discrimination Act 1984 (Cth).
- Legislate to require that a self-identified legal declaration, such as a statutory declaration, is sufficient proof to change a person’s gender for the purposes of government records and proof of identity documentation.
- Expunge criminal records of historic consensual homosexual sex offences.
- Amend laws to ensure that parents can be recognised on birth certificates (regardless of their SOGII status) and in adoption processes.
Specifically:
- Queensland and South Australia legislate to abolish the homosexual advance defence.
- Victoria complete the repeal of section 19A of the Crimes Act 1958 (Vic) that creates a dedicated criminal provision for HIV.
- Queensland amend the age of consent to ensure the equal treatment of teenage gay males. in the interests of promoting public health and ensuring testing for sexually transmitted infections, blood borne viruses and HIV.
- Northern Territory, Queensland, South Australia and Victoria amend laws to allow couples to adopt children based on their capacity, not their SOGII status.
- South Australia amend laws to ensure access to assisted human reproduction services are not restricted on the basis of SOGII or marital status.
Further, any consideration of the nation-wide ban on commercial surrogacy should be pursued without discrimination against people on the basis of their SOGII status, and should be guided in seeking to protect the best interests of the child and the surrogate.
Progress Continues
While federal, state, and territory governments have taken up a number of these recommendations, including the 2017 amendment to the Marriage Act (1961), not all recommendations have been actioned.
Fast Facts
Research suggests that the rate of suicide for LGBTIQA+ people is 3.5 to 14 times higher than the general population.
LGBTIQA+ people are also at a higher risk for a range of mental diagnoses, and significantly more likely to be diagnosed with depression or anxiety.
Find out more about this project
Access information on the consultation process, background papers and submissions:
Other areas of focus
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