THE COMPROMISED EQUALITY BILL PASSES
Statement attributable to Dr Amanda Cohn, Greens NSW spokesperson for LGBTQIA+:
Last week, the stripped back Equality Bill passed the NSW Parliament. Trans and gender diverse people can now update their birth certificate without the need for surgery - among several other history and overdue reforms catching NSW up to other Australian jurisdictions.
I’m bitterly disappointed that the Greens amendments to re-introduce several changes originally proposed in the Equality Bill didn’t pass - in particular, changes to anti-discrimination law to protect LGBTQIA+ students and staff at non-government schools, and to broaden protections to everyone based on any sexual orientation or gender identity. These further reforms are urgent, and could have passed the Parliament if the Minns Labor government supported them. No one should have to live in fear of the discrimination they could face in their workplace, classroom, or any part of the community.
I hope that we can all join in celebrating what was achieved last week, and acknowledge the profound and meaningful different that the laws changed will have on some people’s lives. I hope that after celebrating, we will knuckle back down together to finish the work that was started to deliver equality for LGBTQIA+ people in NSW - full equality, without exceptions.
Here are the details.
The version of the bill that passed:
- allows trans and gender diverse people to update their birth certificate without the need for surgery, and for people to record their sex as non-binary, starting from July next year.
- extends the time available for registering infants with variations of sex characteristics
- repeals offences for people living off the earnings of a sex worker
- recognises the threat of ‘outing’ a person’s LGBTQIA+ status or sex work history as a form of abuse
- extends aggravated sentencing for crimes motivated to hate for trans and intersex people.
- makes it clear that gender identity and gender expression are not a mental illness and are not reasons to detain someone under the Mental Health Act
- ensures children under State protection will have gender identity or variations in sex characteristics considered in whether an accommodation placement is suitable, as currently is the case with sexuality and religion.
- means children who have had their gender‑affirming care or other special medical treatment approved by the Family Court will not also have to go through NCAT.
- updates outdated language describing people living with HIV or AIDS.
The Greens amendments would have:
- extended anti-discrimination protections to bisexual, asexual, non-binary and intersex people
- extended anti-discrimination protections for LGBTQIA+ teachers, staff and students at non-government schools
- required the Public Service Commissioner to create a minimum diversity and inclusion standard for all public sector agencies, and added transgender people and people with variations in sex characteristics to the list allowing government sector agencies to modify recruitment processes to employ people from disadvantaged groups
- allowed for persons aged under 16 to alter their record of sex with the support of both parents or, crucially, a sole parent in certain extenuating circumstances
- allowed for a person 16 or over to alter their record of sex through the registrar with a declaration and a statement from an adult who has known them for at least 12 months
- removed the limitation of the rights of prisoners, people on remand, on parole or corrections/forensic patients to make an application to change their record of sex without the approval of a supervising authority.
These amendments were voted down - but they would have passed, if the Minns Labor government supported them.
The Greens will continue the fight for equality, without exceptions. You can read my speech in the Parliament here.
LGBTQIA+ communities have a proud history of solidarity with each other - let’s continue that proud tradition by together demanding the urgent changes that are needed to anti-discrimination laws in NSW. You can sign our petition here (or, please share it if you’ve already signed!)
It was wonderful to see so many LGBTQIA+ people and our allies in Western Sydney at Parramatta Pride over the weekend. It’s always a joy to get out of the Parliament and connect with communities at events like this - on the 10th of November, I’ll be at the Trans and Friends Festival Illawarra in Wollongong.
Keep up to date on my work with the LGBTQIA+ community here.