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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:

When I became the federal Sex Discrimination Commissioner in September 2007, I conducted a national Listening Tour to connect with women and men across Australia and hear directly about the issues affecting them.

Experiences of discrimination differed greatly depending on whether the discrimination was based on a person’s sexual orientation or on a person’s sex and/or gender identity.

In October 2010, the Australian Human Rights Commission commenced a public consultation to canvas the experiences and views of people who may have been discriminated against on the basis of their sexual orientation or sex and/or gender identity. The task was a listening exercise, and a lot needed to be said.

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.

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 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.

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 with faith-based organisations, argued that there should be some exemptions in order to protect the human rights of freedom of religion and belief and freedom of expression.

The consultation invited comments on the potential benefit of federal laws protecting people from discrimination and harassment. Overwhelmingly, participants argued that introducing such protections would result in significant benefits for the Australian community as a whole. A small number of participants argued that there would be no benefit from these protections.

The Commission recognises that terminology can have a profound impact on a person’s identity, self-worth and inherent dignity. The use of inclusive and acceptable terminology empowers individuals and enables visibility of important issues.