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1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as it affects the operation of the Disability Discrimination Act 1992 (Cth) (the Disability Discrimination Act).

If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of Motion and affidavit affirmed by the Commissioner on 16 June 2006 and filed on the same date.

1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect discrimination (as defined by s 6) in the manner in which access to premises is provided by the respondent (as made unlawful by s 23).

Older people who are lesbian, gay, bisexual, trans or gender diverse or intersex can face particular issues later in life, especially in accessing safe and inclusive aged care services. The Commission has highlighted some of these concerns in previous reports.* The Resilient Individuals: Sexual Orientation, Gender Identity & Intersex Rights report raised the following concerns: Older people are ...

Children born with intersex variations Intersex people are people born with variations in sex characteristics (including chromosomal variations, different physical responses to sex hormones, or different developmental hormone balances and anatomies). Intersex variations may be discovered at birth, during childhood or adolescence, in adulthood or not at all. People with intersex variations are at ...

Brotherboys, sistergirls and other LGBT Aboriginal and Torres Strait Islander peoples experience a number of significant and intersecting points of discrimination and marginalisation in Australia. The Commission’s Resilient Individuals: Sexual Orientation, Gender Identity & Intersex Rights report considered the intersecting issues of racism, homophobia and transphobia faced by these communities ...

The Australian Human Rights Commission recognises that respect for individuality impacts on a person’s self-worth and inherent dignity. The use of inclusive terminology respects individuality and enables visibility of important issues. The Commission supports the right of people to identify their sexual orientation and gender identity as they choose. The Commission also recognises that terminology ...

The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters:

General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve)