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Today marks the beginning of a process that seeks to bring about the elimination of discrimination against same-sex couples in Australia in accessing financial entitlements and benefits - benefits that heterosexual couples take for granted in a democracy such as ours.

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.

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.

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.

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 consultation was directly concerned with how protection from discrimination on the basis of sexual orientation might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of these protections. This part outlines:

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:

There are no protections from vilification and harassment on the basis of sexual orientation or sex and/or gender identity in federal law. The potential benefits of such protections are described in Section 6 above. This part describes:

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 received a number of suggestions about other ways in which the Australian Government could protect the human rights of LGBTI people in Australia. Many participants argued that while anti-discrimination legislation is an important step towards equality, it is essential that it is accompanied by other actions. Suggestions were often informed by personal experiences of discrimination.

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.

back to report Addressing sexual orientation and sex and/or gender identity discrimination Consultation Report 2011 Appendix 1: List of participants The consultation received comments from the following 153 individuals and organisations. Received from: Comment No. {Also} Foundation 84 A Gender Agenda 107 ACON 109 ACT Council of Social Services (ACTCOSS) 86 AIS Support Group Australia 117 Amnesty ...

‘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:

Briefing paper Outlines and evaluates the state and territory laws. The paper describes the impact of the laws and provides a summary of criticisms made by others.

The Department of Immigration and Citizenship welcomes this most recent report of inspections of its immigration detention facilities by the Human Rights Commissioner.

The department welcomes the HREOC report which provides positive feedback on detention service reforms established since the Palmer and Comrie reports. We note HREOC’s recommendations several of which are consistent with DIMA’s ongoing improvement programme.

Thank you for your email of 10 January, attaching the revised draft of the Summary Report of HREOC's inspection of mainland immigration detention facilities, and for giving GSL the opportunity to comment.

It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child.

The arrest, detention or imprisonment of a child shall be … used only as a measure of last resort and for the shortest appropriate period of time.

The Human Rights and Equal Opportunity Commission was established in 1986. It is an independent statutory organisation and reports to the federal Parliament through the Attorney-General.