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Consultation: Protection from discrimination on the basis of sexual orientation and sex and/or gender identity The Australian Human Rights Commission conducted a consultation in 2010 to canvas the experiences and views of people who may have been discriminated against on the basis of their sexual orientation and sex and/or gender identity. There is little protection in federal law – unlike…

The consultation was directly concerned with how protection from discrimination on the basis of sex and/or gender identity might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of such protections. This part outlines:

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground...

The same-sex partner of a federal government employee is denied access to certain superannuation and workers’ compensation death benefits available to an opposite-sex partner.

This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human…

back to Contents Chapter 6. Employment Download Chapter 6: [ PDF] [ Word ] 6.1 What is this chapter about? 6.2 How are employment conditions established for Australian workers? 6.3 Can same-sex and opposite-sex couples access the same leave entitlements? 6.4 Do federal government employees in same-sex and opposite-sex couples enjoy the same work conditions? 6.5 Are same-sex couples protected…

Many same-sex couples who appeared at the Inquiry’s community forums talked about the problems they face in getting visas. They highlighted the limited options available to a same-sex couple wanting to migrate to Australia as a couple. They talked about the additional expense and disruption to their lives in proving their entitlement to a visa. And they talked about the indignity of being…

The following chapter summarises the findings and recommendations made in each of Chapters 4 – 16 in this report. This chapter should be read in conjunction with Appendix 1 which sets out the list of legislation to be amended in order to eliminate discrimination against same-sex couples and their children.

During the consultation, the Commission received a number of comments regarding exemptions from potential federal protection from discrimination on the basis of sexual orientation and sex and/or gender identity. Many participants who supported new protections from discrimination argued that there should either be narrow or no exemptions at all. Some participants, particularly those affiliated…

It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike.