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The Australian Human Rights Commission (AHRC) has announced the start of a consultation process into protection from discrimination on the basis of sexual orientation and sex and gender identity.

The AHRC will accept submissions until November 26 and will also host two roundtable discussions in Sydney and Melbourne as part of the consultation.

Following the consultation, the AHRC will produce a report summarising the views expressed by participants which will be presented to the federal Government.

Currently, discrimination on the grounds of sexuality is only protected in the area of employment at a federal level – the same level of protection from discrimination that Australia extends to people who have been convicted of a crime.

The federal Government has announced it will combine existing federal anti-discrimination legislation into a single federal anti-discrimination act.

During the federal election, both major parties said they supported protecting GLBTI people from discrimination at a federal level , but the Gillard Government has ruled out granting that protection until after existing protections for other groups have been dealt with in a single act.

The AHRC produced the following questions to help guide submissions to the consultation process but submissions need not be restricted to these:

– What benefit would there be in federal anti-discrimination laws prohibiting discrimination on the basis of sexual orientation and sex and/or gender identity?

– What benefit would there be in federal law prohibiting vilification and harassment on the basis of sexual orientation and sex and/or gender identity?

– Can you provide examples of situations where federal protections from discrimination on the basis of sexual orientation or sex and/or gender identity are needed because state and territory laws do not provide adequate protections?

– Have you experienced discrimination because of your sexual orientation or sex and/or gender identity for which there is no legal protection?

– Have you experienced vilification or harassment because of your sexual orientation or sex and/or gender identity for which there is no legal protection?

– What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sexual orientation is to be included?

– What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sex and/or gender identity is to be included?

– What are the advantages or disadvantages of the terms used in state and territory laws, including: gender identity; chosen gender; gender history; a gender reassigned person; or a recognised transgender person; or transsexuality?

– Should protection from discrimination be provided if a person has or appears to have the characteristics of any gender?

– What terminology should be used to ensure that people who identify as intersex are protected from discrimination in federal law? Should the term ‘intersex’ be used? Should protection from discrimination on the basis of ‘sex’ include people who are of ‘indeterminate sex’?

– What special measures designed to benefit specific groups based on sexual orientation and sex and/or gender identity should be allowed by federal anti- discrimination law?

– What other actions would you like to see the Australian Government take to better protect and promote the rights of LGBTI people in Australia?

A discussion paper and research paper have also been released and are available from the Commission’s website.

Details for the roundtable events are:

Sydney Roundtable (October 28

Australian Human Rights Commission, Level 8, 133 Castlereagh St,

Sydney2.00pm – 4.30pm – discrimination on the basis of sexual orientatio

6.00pm – 8.30pm – discrimination on the basis of sex and/or gender identity

Melbourne Roundtable (November 9)

Victorian Equal Opportunity & Human Rights Commission, Level 3, 380 Lonsdale St, Melbourne

3.00pm – 5.30pm – discrimination on the basis of sexual orientation

6.00pm – 8.30pm – discrimination on the basis of sex and/or gender identity

Financial assistance may be available for individuals or organisations located outside of NSW and Victoria who are interested in attending the roundtables and who would be otherwise unable to do so.

Comments can be left on the Commission’s website at www.humanrights.gov.au/human_rights/lgbti/lgbticonsult or mailed to-

LGBTI Discrimination Consultation

Australian Human Rights Commission

GPO Box 5218 Sydney NSW 2001