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14 December 2012Book page
Section 2 - The consultation methodology - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
On 1 October 2010, the Commission released a Research Paper and a Discussion Paper informing participants of the current legal protections from discrimination and providing questions for response. -
14 December 2012Book page
Section 1 - Introduction - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
In October 2010, the Australian Human Rights Commission (the Commission) launched a consultation regarding the human rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people in Australia. This consultation process sought views from affected individuals and organisations about the steps that they felt would provide better human rights protection for LGBTI people in Australia. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 1
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... -
Rights and Freedoms
3 March 2023SpeechPromoting and protecting human rights in Australia
The Australian Human Rights Commission: promoting and protecting human rights in Australia St Andrew’s College, University of Sydney, 14 July 2022 Emeritus Professor Rosalind Croucher AM FAAL Abstract This presentation explores the role of the Australian Human Rights Commission in the context of the international human rights treaties and its establishment as part of the domestic mechanisms … -
14 December 2012Book page
Section 13 - Conclusion - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
Equality for people of all sexual orientations and sex/and or gender identities is supported by international human rights agreements which Australia has agreed to observe. Taking steps to achieve such equality is the responsibility of the federal government. For this reason, the Commission is particularly pleased by the Government’s commitment to introduce federal protections from… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 2
This chapter describes how the Inquiry gathered information and community views about discrimination against same-sex couples and their children. In particular, the chapter addresses the following questions: -
14 December 2012Book page
Appendix 2: Definitions in state and territory laws - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
‘A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person: -
14 December 2012Book page
Same-Sex: Same Entitlements: Appendix 2
The following is a selection of extracts from these stories.[1] The stories demonstrate the compound effect of discrimination against same-sex families in the area of financial and work-related entitlements. -
14 December 2012Book page
Same-Sex: Same Entitlements: Executive Summary
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. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 7
Workers’ compensation schemes are intended to provide compensation to an employee who is incapacitated because of a work-related accident or to an employee’s dependants if the employee dies because of a work-related accident. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 6
Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
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… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 17
Organisations and individuals raised a range of issues with the Inquiry that did not fall strictly within its Terms of Reference. Where these issues relate to one of the main chapters of this report, they are discussed within that chapter. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 15
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… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 18
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. -
Sex Discrimination
28 January 2020Publication
Respect@Work: Sexual Harassment National Inquiry Report (2020)
Workplace sexual harassment is prevalent and pervasive: it occurs in every industry, in every location and at every level, in Australian workplaces. -
14 December 2012Book page
Same-Sex: Same Entitlements: Appendix 4
The Inquiry held seven formal public hearings around Australia between 26 July 2006 and 20 October 2006. Overall, 32 organisations and 44 individuals appeared at the public hearings. -
14 December 2012Book page
Section 10: Exemptions - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
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… -
Legal
14 December 2012WebpageNotice of inquiry: Application for exemption under Disability Discrimination Act section 55 and Sex Discrimination Act section 44: Civil Aviation medical standards
The Civil Aviation Safety Authority (CASA) applied on 29 July 2002 to the Human Rights and Equal Opportunity Commission for temporary exemption under the Sex Discrimination Act 1984 ("SDA"), section 44, and the Disability Discrimination Act 1992 ("DDA"), section 55, for persons acting pursuant to existing Civil Aviation Regulations regarding medical fitness and proposed… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
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.