Did You Know? The NSW Anti-Discrimination Act Doesn’t Protect Bisexuals Against Discrimination

The Sydney Gay & Lesbian Mardi Gras Parade is on tonight, and I am looking forward to attending the festivities in Taylor Square.

 

Although it will likely be in less noteworthy company than last year when, through an unlikely combination of circumstances, I ended up watching most of the parade standing next to NSW Premier Gladys Berejiklian.

 

Always the activist, and never one to waste an opportunity, I did manage to ask her an LGBTI rights question during the event. The question I chose:

 

Are you aware that NSW is the only jurisdiction in Australia that does not protect bisexuals against discrimination?

 

The Premier answered that ‘no, she wasn’t aware of that’ (or words to that effect) before turning back to talk to her companions.

 

In her defence, she would not have been alone in not knowing about this bizarre, and unacceptable, loophole in the NSW Anti-Discrimination Act 1977 (although she definitely cannot claim ignorance now).

 

It is a gap that has existed from the time discrimination on the basis of homosexuality was prohibited in late 1982 (a full 18 months before male homosexuality was even decriminalised in this state).

 

And one that wasn’t fixed when a definition of ‘homosexual’ was inserted in section 4 of the Anti-Discrimination Act in 1994: ‘homosexual means male or female homosexual’.

 

This is the definition that remains to this day. Which quite clearly excludes people whose sexual orientation is towards people of the same sex and people of different sexes. [Interestingly, it also prevents heterosexual people from enjoying protection under the Act].

 

As I stated in my question to Ms Berejiklian, NSW is alone in having such a narrow definition.

 

The Commonwealth prohibits discrimination on the basis of ‘sexual orientation’ in the Sex Discrimination Act 1984, with a definition that clearly covers lesbian, gay, bisexual and heterosexual people.

 

Victoria, Western Australia, South Australia and Tasmania all also prohibit discrimination on the basis of ‘sexual orientation’, while Queensland the Australian Capital Territory and the Northern Territory cover ‘sexuality’ [for more, see A Quick Guide to Australian LGBTI Anti-Discrimination Laws].

 

What does NSW’s exclusion of bisexuals mean in a practical sense?

 

Well, on the positive side, because bisexuals are still protected under the Commonwealth Sex Discrimination Act, discrimination against them in NSW remains prohibited in most (although not all) circumstances.

 

However, there are limits to this coverage – limits that do not apply to lesbians and gay men.

 

For example, section 13 of the Sex Discrimination Act provides that protections against discrimination in employment under that Act ‘do not apply in relation to employment by an instrumentality of a State.’

 

Instrumentalities are independent government agencies or corporations. In effect, bisexual employees of independent NSW Government agencies are not protected against discrimination during their employment.[i] Ironically, this means bisexual employees of Anti-Discrimination NSW itself are potentially not protected.

 

Another practical effect of the exclusion of bisexuals from the NSW Anti-Discrimination Act 1977 is that they are not covered by civil prohibitions on vilification, unlike their gay and lesbian counterparts.

 

For example, section 49ZT of the Act defines homosexual vilification as ‘to incite hatred towards, serious contempt for, or severe ridicule of, a person of group of persons on the ground of the homosexuality of the person of members of the group.’

 

Because there is also no prohibition against anti-LGBTI vilification at Commonwealth level, this means bisexual people cannot make a civil complaint of vilification in any circumstance.

 

Confusingly, bisexual people are protected by the 2018 amendments to the Crimes Act 1900 (NSW), with section 93Z(1)(c) criminalising:

‘a public act [that] intentionally or recklessly threatens or incites violence towards another person or a group of persons on [the ground of] the sexual orientation of the other person or one or more of the members of the group.’

 

Sexual orientation is then broadly defined in section 93Z(5) as:

‘a person’s sexual orientation towards:

(a) persons of the same sex, or

(b) persons of a different sex, or

(c) persons of the same sex and persons of a different sex.’

 

Which is obviously welcome, but invites the logical question that, if the NSW Government was willing to include ‘sexual orientation’ in the Crimes Act, why hasn’t it also updated the NSW Anti-Discrimination Act along the same, inclusive, lines?

 

The third practical effect of the general exclusion of bisexuals from the NSW Anti-Discrimination Act is that it limits their options in terms of where to lodge complaints and/or file lawsuits.

 

Whereas lesbians and gay men discriminated against in NSW have the ability to complain to either Anti-Discrimination NSW or the Australian Human Rights Commission (AHRC) – and therefore of pursuing legal action in either the NSW Civil and Administrative Tribunal (NCAT) or multiple courts – bisexuals can only complain to the AHRC and can only file in court.

 

This has implications in terms of the timelines for lodging complaints, the allocation of costs and the potential award of damages.

 

Each of these practical effects should be sufficient in and of itself to convince the NSW Government to update the Anti-Discrimination Act 1977, and replace ‘homosexuality’ with ‘sexual orientation’.

 

But, as with most anti-discrimination laws, the symbolic effect is just as important. After all, what does it say about the place of bisexuals in our own community, and society more widely, that they continue to be excluded from the primary legislation in this state which is designed to ensure all people are treated equally?

 

Unfortunately, it is not just bisexuals who are excluded in this way either.

 

The NSW Anti-Discrimination Act 1977 also excludes non-binary people, because the definition of transgender in section 38A only covers someone who ‘identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or who has identified as a member of the opposite sex by living as a member of the opposite sex’.

 

Similarly, the Act also fails to provide discrimination protections to intersex people, because it does not include a protected attribute of either ‘sex characteristics’ (the terminology preferred by Intersex Human Rights Australia) or ‘intersex status’ (the protected attribute in the Commonwealth Sex Discrimination Act 1984).

 

Although, unlike for bisexuality, NSW is far from alone in these deficiencies:

  • NSW, Victoria, Queensland, Western Australia and the Northern Territory all fail to protect non-binary people, and
  • Those same jurisdictions (NSW, Victoria, Queensland, WA and the NT) also exclude intersex people from their discrimination frameworks.

 

There is a long, long way to go before Australian anti-discrimination laws adequately and appropriately protect LGBTI Australians against discrimination.

 

The NSW Anti-Discrimination Act 1977 arguably has the longest journey ahead.[ii] Let’s hope Premier Berejiklian hears that message loud and clear at tonight’s Mardi Gras – and every parade until this exclusionary and out-dated law is fixed.

 

Bi Pride

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

Footnotes:

[i] To complicate matters, bisexual employees of NSW Government agencies are protected against unlawful termination, because section 772 of the Fair Work Act 2009 (Cth) applies. However, the adverse action protections in section 351 of that Act (which prohibit mistreatment during employment) don’t apply because they must also be prohibited by an equivalent Commonwealth, state and territory anti-discrimination law – which is not the case here.

[ii] For more problems see: What’s Wrong with the NSW Anti-Discrimination Act 1977?

Cooperative workplaces must be trans and intersex inclusive workplaces

The Commonwealth Attorney-General’s Department has issued a consultation paper titled: ‘Cooperative Workplaces – How can Australia capture productivity improvements from more harmonious workplace relations’.

 

Submissions are due by Friday 28 February 2020. The following is mine:

 

Attorney-General’s Department

via IRconsultation@ag.gov.au

 

Monday 24 February 2020

 

To whom it may concern

 

Cooperative workplaces must be trans and intersex inclusive workplaces

 

Thank you for the opportunity to provide this submission in response to the Cooperative Workplaces consultation paper.

 

I do so as a long-term advocate on behalf of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

 

In this submission I will focus on the following questions posed in the paper:

2. To what extent do employees benefit from cooperative workplaces?

7. How does the Australian industrial relations system support and encourage cooperative workplaces?

10. What has been the experience with techniques and practices to foster cooperative workplaces including, but not limited to: …

e) Fair treatment policies and procedures.

 

From my perspective, the benefits of cooperative workplaces flow from all employees being treated fairly and with respect, and where all employees are protected against discrimination on the basis of who they are.

 

If employees are able to bring their full selves to work, without having to hide who they are or fear mistreatment and other forms of abuse, they are likely to be happier, healthier and consequently work better.

 

Unfortunately, this is not the situation for all employees in Australian workplaces today. That’s at least in part because some groups, including trans and gender diverse, and intersex, employees do not enjoy the same rights as other employees.

 

Specifically, while gender identity and intersex status are protected attributes under the Sex Discrimination Act 1984 (Cth), they are not included in equivalent protections in the Fair Work Act 2009 (Cth).

 

For example, the adverse action provisions in sub-section 351(1) cover:

  • Race
  • Colour
  • Sex
  • Sexual orientation
  • Age
  • Physical or mental disability
  • Marital status
  • Family or carer’s responsibilities
  • Pregnancy
  • Religion
  • Political opinion
  • National extraction, and
  • Social origin.

 

Note that this long list does not protect trans, gender diverse or intersex people.

 

The same list of attributes, with the same exclusions, is found in sub-section 772(1)(f), which protects employees against unlawful termination. Meaning that the Fair Work Act does not protect trans, gender diverse and intersex Australians from mistreatment or unfair dismissal based on who they are.

 

There are other exclusions too:

  • Section 153 provides that discriminatory terms must not be included in modern awards. The list of relevant attributes includes sexual orientation, but excludes gender identity and sex characteristics;
  • Section 195 includes a similar prohibition on discriminatory terms in enterprise agreements, and once again omits trans, gender diverse and intersex people;
  • Sub-section 578(c) provides that the Fair Work Commission must perform its functions taking into account ‘the need to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.’

 

There is literally no requirement for the Fair Work Commission to help prevent or eliminate transphobic and intersexphobic workplace discrimination.

 

This leaves trans, gender diverse and intersex employees at a distinct disadvantage compared to other groups, including lesbian, gay and bisexual employees.

 

Indeed, even a certain infamous footballer was potentially covered against unfair dismissal on the basis of religious belief, whereas one of the main groups that he directed his offensive statements against – transgender Australians – is not.

 

I wrote to the former Prime Minister, Malcolm Turnbull, and the former Minister for Jobs and Innovation, Senator Michaelia Cash, raising this issue in May 2018, calling on them to amend the Fair Work Act to include gender identity and sex characteristics (being the terminology preferred by intersex advocate organisations including Intersex Human Rights Australia) as protected attributes.

 

I received a response to that letter from the then Minister for Small and Family Business, the Workplace and Deregulation, Craig Laundy, in July of that year, rejecting this call.

 

While he stated that ‘The Australian Government believes that discrimination in the workplace is unacceptable and all employees have the right to be free from discrimination at work”, he pointed to the SDA protections as being sufficient:

 

“The Sex Discrimination Act 1984 is the principal legislation providing protection against discrimination or harassment on the basis of sex and/or gender. It also covers discrimination and harassment in the workplace. The Sex Discrimination Act explicitly covers discrimination on the basis of gender identity and intersex status.”

 

Which, to be blunt, entirely misses the point.

 

First, other groups protected by the Fair Work Act, including those based on race, sex, age, disability and even sexual orientation, are covered by both that Act and an equivalent Commonwealth anti-discrimination law. If it is good enough for them, it is good enough for trans, gender diverse and intersex Australians.

 

Second, being included in the Fair Work Act gives people who are mistreated in the workplace, or unfairly dismissed, additional options in terms of making complaints, with potential implications for timing, jurisdiction, costs and compensation. Excluding gender identity and sex characteristics from one puts trans, gender diverse and intersex employees in an inferior legal position.

 

Third, there is a symbolic effect from the exclusion of gender identity and sex characteristics from the Fair Work Act, with many employers possibly viewing anti-trans and anti-intersex workplace discrimination as being less important than other types of workplace mistreatment.

 

Perhaps that is an inevitable outcome when the Government itself, as recently as 2018, was saying the same thing – loudly and clearly – by failing to address this obvious inconsistency, even after it was brought to their attention.

 

With a new Prime Minister, Scott Morrison, a new Attorney-General and Minister for Industrial Relations – both portfolios held by Christian Porter – as well as an apparent interest in ‘cooperative workplaces’, I believe it is essential for the Government to take action on this issue as a matter of urgency.

 

Recommendation 1

The Fair Work Act 2009 (Cth) should be amended to include gender identity as a protected attribute, with a definition based on the definition in the Sex Discrimination Act 1984:

‘Gender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.’

 

Recommendation 2

The Fair Work Act 2009 (Cth) should be amended to include sex characteristics as a protected attribute, with a definition settled after consultation with Intersex Human Rights Australia and other intersex individuals and organisations, and based on the definition in the Yogyakarta Principles + 10:

‘understanding sex characteristics as each person’s physical features relating to sex, including genital and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.’

 

If these recommendations are implemented, then trans, gender diverse and intersex employees around the country stand to benefit from being able to work with less fear from workplace mistreatment and abuse.

 

In doing so, the Australian industrial relations system will better support and encourage cooperative and harmonious workplaces where people are able to bring their full selves to work (if they so wish).

 

And all workplaces will be encouraged to adopt improved fair treatment policies and procedures, that don’t exclude trans, gender diverse and intersex employees, and don’t treat prohibitions on transphobic and intersexphobic discrimination as somehow less important than prohibitions relating to other protected attributes, including sexual orientation.

 

Overall, Australia would benefit from a significant minority of happier, healthier and yes more productive employees.

 

Thank you for taking this submission into consideration. Please contact me at the details provided should you require additional information.

 

Sincerely

Alastair Lawrie

 

Cooperative workplaces

 

For more, see Unfairness in the Fair Work Act.

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

A Potential Warning to LGBTI Tourists to Australia

Today is one of my favourite days of the LGBTI calendar: Sydney Gay & Lesbian Mardi Gras Fair Day. Tens of thousands of people will gather in Victoria Park in a beautiful celebration of our community.

 

That includes visitors from interstate and from overseas, especially from the Asia-Pacific region, whose numbers will swell over the next fortnight in the lead-up to the Mardi Gras Parade and Party, to be held on Saturday 29 February.

 

It creates a real buzz around the city. I can only imagine how much louder Sydney will hum in 2023 as we host World Pride, the first city in the Southern Hemisphere to do so.

 

However, there is a looming threat to LGBTI tourism to Australia, one that has the potential to dampen our celebrations more than even literal rain on our parade: the Government’s proposed Religious Discrimination Bill.

 

If passed, this legislation could have a negative impact on nearly every aspect of the visitor experience. So much so, it is easy to envisage the following warnings being handed out to lesbian, gay, bisexual, transgender and intersex tourists to Australia in the future:

 

  1. Don’t get sick

 

Not only because our health care system can be expensive for people who are not citizens or permanent residents. But also because the Religious Discrimination Act allows doctors, pharmacists and some other health practitioners to refuse to provide health services, even where this has a disproportionate impact on vulnerable groups. For example, doctors and pharmacists can:

  • refuse to provide hormone treatments, even where this adversely affects trans and gender diverse people[i]
  • refuse to provide PEP/PrEP, even where this has a detrimental impact on gay and bisexual men (and others at increased risk of HIV transmission), and
  • refuse to provide reproductive health services (such as the morning after pill), irrespective of the effect on people with uteruses.

 

If possible, make sure you bring all of your medications with you, and be careful not to lose them during your stay.

 

  1. Be prepared to ‘shop around’ for doctors, pharmacists and other health practitioners

 

If you do get sick, or lose your medication, while in Australia, you should be prepared for the possibility any individual doctor or pharmacist may refuse to provide a specific health service or treatment. You may need to see several of each in order to obtain access to the medications you need. Unfortunately, it is also likely you will be charged for appointments even where the health practitioner refuses to provide a service.

 

Importantly, whether a doctor or pharmacist will refuse to provide a specific health service or treatment may not be apparent before you see them. Individual doctors or pharmacists at public hospitals are also entitled to refuse service: if this happens, try asking for a new practitioner until you receive treatment.

 

  1. Be prepared for doctors, pharmacists and other health practitioners to express abhorrent views about you, to you

 

Even if a doctor, pharmacist or other health practitioner provides you with the health service or treatment that you need, they are also free to express offensive, humiliating, ‘moderately’ intimidating, insulting or ridiculing views about your sexual orientation, gender identity or sex characteristics while doing so. For example, they may be able to:

  • tell trans and gender diverse people that gender is binary and that their gender identity is an abomination[ii]
  • tell lesbian, gay and bisexual people that same-sex relationships are intrinsically disordered and sinful, and
  • tell intersex people that sex should be male or female and that their sex characteristics are a mistake that must be corrected.

 

Doctors, pharmacists and other health practitioners will be able to express these abhorrent views to you as long as they are based on their religious beliefs.

 

  1. Be prepared for people to express abhorrent views about you, to you, in all areas of public life

 

In fact, people will be to express such views about you, to you, in all areas of public life: on the plane or boat you arrive on; at the airport; in taxis, ubers, buses, ferries, trains and other forms of transport; at hotels, motels and B&Bs; at galleries, museums and other tourist attractions; at cafes and restaurants; at shops. Everywhere you go while you are in Australia.

 

That’s because the Religious Discrimination Act exempts ‘statements of belief’ from constituting discrimination under all other Commonwealth, state and territory anti-discrimination laws, as long as those statements are based on that person’s religious beliefs and fall short of harassment, threats, serious intimidation or incitement to hatred or violence.

 

  1. If you are subjected to abhorrent views and wish to make a complaint, try to find out whether the person expressing them is religious

 

Because abhorrent views are protected where they are based on religious beliefs, you may be able to complain about homophobic, biphobic, transphobic and intersexphobic comments that are not motivated by religion.[iii] Therefore, if you wish to make a complaint about such mistreatment, you will first need to work out whether the person making the statement is religious.

 

In practice, it may be difficult to determine whether someone is religious and/or whether their anti-LGBTI prejudice is based on their religious beliefs. It may also be physically unsafe to do so. In these circumstances, it may be wiser not to make a complaint and instead try to avoid the person(s) expressing such views (if possible).[iv]

 

  1. If you need emergency food or shelter during your stay, consider pretending to be Christian

 

In Australia, the Government outsources a wide range of health, education and other community services to religious organisations. This includes some homelessness shelters, as well as food vans and other welfare services.

 

Under the Religious Discrimination Act, religious charities are able to discriminate on the basis of religious belief in terms of who they provide these services to, even where they are providing them with public funding.

 

Given the vast majority of faith-based charities in Australia are Christian, if you experience financial difficulties during your stay and need emergency food or shelter, you should consider pretending to be Christian. You may even need to pretend to be from the specific Christian denomination providing that service (eg Catholic or Anglican).

 

**********

 

The above warnings might sound absurd, but if the Government’s Religious Discrimination Bill becomes law in its current form, then they will be all too real.

 

And we will have a responsibility to provide these warnings to all LGBTI tourists to Australia, not just during Mardi Gras and World Pride, Midsumma, Feast and other pride festivals around the country, but all year round, each and every year.

 

Of course, it won’t just be tourists who will be adversely affected by this legislation either. In fact, all of the warnings I have included will also apply to LGBTI Australians.

 

Doctors, pharmacists and other health practitioners will be able to refuse to provide specific health services and treatments to us, and we won’t necessarily know before we make an appointment.

 

Everyone in public life (including health practitioners, as well as people providing education, accommodation, transportation, food and other goods and services) will be able to express abhorrent views about us, and to us, as long as those views are religiously-motivated.

 

And if we fall on hard times, our religion (or lack of religion) may determine whether we are able to access some publicly-funded essential services.

 

The only glimmer of hope is that this post is a potential warning, rather than an actual one. It is only a Religious Discrimination Bill at this stage, not an Act. This disturbing vision of the future can still be prevented from becoming a reality – but only if we take action now.

 

Please speak up in the coming days and weeks. If you see a federal politician at Fair Day, or at the Mardi Gras Parade, ask them whether they will vote against a Religious Discrimination Bill that takes rights away from the LGBTI community. If they post about it on twitter, facebook or other socials, ask them the same thing.

 

You should also write to:

  • ALP MPs and Senators
  • Greens MP and Senators
  • Centre Alliance Senators (if you’re in South Australia)
  • Senator Jacqui Lambie (if you’re in Tasmania), and
  • Liberate moderate/gay and lesbian MPs (including Trent Zimmerman, Trevor Evans, Tim Wilson, Angie Bell, Warren Entsch, Senator Dean Smith)

because they will help determine whether this legislation becomes a waking nightmare, or just a temporary bad dream.

 

PFLAG Australia has made this process easy, using the website Equality, Not Discrimination. Equality Australia has a similar helpful platform, here. Make your voice heard, because this legislation will affect LGBTI tourists, and LGBTI Australians, alike.

 

Rainbow Bridge

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

Footnotes:

[i] Attorney-General Christian Porter confirmed that trans and gender diverse patients could be denied treatment on the day he released the Second Exposure Draft Religious Discrimination Bill:

“Mr Porter used the example of a GP who did not want to ‘engage in hormone therapies’ for a trans person. ‘That’s fine, but you have to exercise that in a consistent way, so you don’t engage in the procedure at all’.”

‘Rules for doctors, pharmacists tightened in new religious discrimination bill’, 10 December 2019, Sydney Morning Herald.

[ii] The explanatory notes to the Second Exposure Draft Religious Discrimination Bill confirm this. At para 549, on page 66:

‘For example, a statement by a doctor to a transgender patient of their religious belief that God made men and women in his image and that gender is therefore binary may be a statement of belief, provided it is made in good faith. However, a refusal by that doctor to provide medical services to a transgender person because of their religious belief that gender was binary would not constitute a statement of belief as the refusal to provide services constitutes an action beyond simply stating a belief, and therefore may constitute discrimination on the basis of gender identity.’

[iii] This also depends on the jurisdiction the tourist finds themselves in. Anti-LGBTI vilification is not prohibited under Commonwealth law, or in Victoria, Western Australia, South Australia or the Northern Territory. Anti-LGBTI vilification is prohibited in both Tasmania and the ACT, anti-LGBT vilification is prohibited in Queensland, while NSW has different coverage for inciting or threatening violence (LGBTI), or civil vilification (only lesbian, gay and binary transgender). For more see: A Quick Guide to Australian LGBTI Anti-Discrimination Laws.

[iv] Indeed, this seems to be the Government’s intention – to discourage people who experience discriminatory conduct from bringing complaints.

Submission to Victorian Inquiry into Anti-Vilification Protections

The Committee Manager

Legislative Assembly Legal and Social Issues Committee

Parliament House, Spring St

East Melbourne VIC 3002

Submitted via: avpinquiry@parliament.vic.gov.au

Thursday 19 December 2019

 

To the Committee

 

Inquiry into Anti-Vilification Protections

 

Thank you for the opportunity to make a submission on this important subject.

 

I do so as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, having previously served on the Committee of Management of the Victorian Gay & Lesbian Rights Lobby (2004-05, and 2007).

 

In this submission, I will primarily focus on term of reference 8: ‘Possible extension of protections or expansion of protection to classes of people not currently protected under the existing Act.’

 

As the Committee is aware, Victoria currently only provides protection against vilification on the basis of two attributes – race (section 7) and religion (section 8) – under the Racial and Religious Tolerance Act 2001 (Vic).

 

From an LGBTI perspective this is incredibly disappointing, especially because the similar absence of LGBTI anti-vilification protections under Commonwealth law, which only covers race,[i] means that lesbian, gay, bisexual, transgender and intersex Victorians currently have no vilification protections at either level.

 

This stands in contrast to the laws of several other Australian jurisdictions.

 

For example, Tasmania protects against ‘incite[ment of] hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on the ground of’ sexual orientation,[ii] gender identity[iii] and intersex variations of sex characteristics.[iv]

 

Tasmania’s best practice legislation also prohibits ‘conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of an attribute’, which again includes sexual orientation, gender identity and intersex variations of sex characteristics.[v]

 

The Australian Capital Territory protects against ‘incite[ment of] hatred toward, revulsion of, serious contempt for, or severe ridicule of’ persons on the basis of gender identity,[vi] intersex status[vii] and sexuality.[viii]

 

Although I note that intersex advocates have called for protection of the attribute of ‘sex characteristics’,[ix] rather than ‘intersex status’, reflecting both the biological rather than identity-based nature of variations of sex characteristics, and to promote consistency with the Yogyakarta Principles plus 10.[x]

 

Queensland also prohibits the ‘incite[ment of] hatred towards, serious contempt of, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person of members of the group.’[xi]

 

Meanwhile, NSW has adopted two separate, and in some ways contradictory, approaches to vilification. It provides civil protection against vilification (which includes ‘incite[ment of] hatred towards, serious contempt for, or severe ridicule of’) to binary[xii] transgender people,[xiii] and lesbians and gay men.[xiv]

 

On the other hand, in 2018 NSW Parliament amended the Crimes Act 1900 to provide that ‘[a] person who, by public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence’ and nominated sexual orientation,[xv] gender identity[xvi] and intersex status.[xvii]

 

Overall, then, LGBTI people are protected against vilification in both Tasmania and the Australian Capital Territory, LGBT people are protected in Queensland, and lesbians, gay men and some trans people have access to civil protection in New South Wales, while all LGBTI people are covered by the narrower criminal offence of ‘publicly threatening or inciting violence’ in that state.

 

Of course, the fact other jurisdictions have adopted a different approach to this issue is not necessarily a compelling argument that Victoria should do the same. However, I do support such an expansion for two main reasons.

 

First, in principle, there is no reason why vilification on the basis of race or religion should be treated any differently to vilification on the basis of sexual orientation, gender identity or sex characteristics.

 

Vilification on any of these attributes is serious, and racial or religious vilification is no more serious than anti-LGBTI vilification. This is especially so given the harm caused by each type of vilification can be severe, and therefore the conduct which contributes to this harm should be prohibited, irrespective of whether it is racist, anti-religious or homophobic, biphobic, transphobic or intersexphobic.

 

Second, in practice, lesbian, gay, bisexual, transgender and intersex Australians remain exposed to unacceptably high rates of discrimination and vilification on the basis of who they are.

 

This was particularly demonstrated during the Commonwealth Government’s 2017 Same-Sex Marriage Postal Survey, and its lingering aftermath.

 

This unnecessary, wasteful and divisive vote on the rights of a minority group encouraged people to ‘have their say’ about LGBTI Australians, and inevitably (and, it should be noted, entirely predictably) stirred up significant amounts of public homophobia, biphobia, transphobia and intersexphobia against us.

 

Sadly, once the genie of anti-LGBTI bigotry was deliberately let out of the bottle by the Turnbull Liberal-National Government, it will take the rest of us many years, if not decades, of concerted effort to put it back in again.

 

This can be seen by the ongoing hate-based campaign targeting trans and gender diverse people, and especially trans children, which appears on an almost daily basis in our nation’s newspapers, and elsewhere.

 

As we enter the 2020s, the homophobia, biphobia, transphobia and intersexphobia whipped up by the Commonwealth Government in the last decade still haunts us, and will likely continue to do so for some time yet.

 

For both of these reasons, principled and practical, I urge the Victorian Parliament to follow the lead of other jurisdictions and introduce vilification protections on the basis of sexual orientation, gender identity and sex characteristics.

 

Recommendation 1: That the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit vilification on the basis of:

  • sexual orientation
  • gender identity, and
  • sex characteristics.

 

I note that the Racial and Religious Tolerance Amendment Bill 2019, introduced by Fiona Patten MLC, proposes to do exactly that. It also proposes to add gender, and disability, to the list of attributes that would be protected against vilification under that legislation.

 

While I am not an expert on gender or disability-based vilification, for (at least) the first of the reasons outlined above, I can see no good reason why Victorians should not also be protected against vilification on the basis of these attributes.

 

Recommendation 2: That the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit vilification on the basis of gender and disability.

 

One final issue I would like to address in this submission also arises through Ms Patten’s Racial and Religious Tolerance Amendment Bill 2019, and specifically relates to proposed amendments to section 24 of the principal Act which creates the offence of serious racial vilification.

 

These amendments would add the words ‘or recklessly’ to, and remove the words ‘the offender knows’ from, the fault element of this offence.

 

I support both changes. The first change would help create consistency with the offences established in other jurisdictions (including the recently-introduced NSW Crimes Act 1900 provisions).

 

The second would remove the ‘offender knows’ subjective test from this offence, which is important because such harmful conduct should be prohibited irrespective of whether the specific offender knew that was the likely outcome.

 

Recommendation 3: That serious vilification offences in the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit intentionally or recklessly engaging in conduct that is likely to incite hatred, or to threaten, or incite others to threaten, physical harm or harm to property.

 

Thank you for taking this submission into consideration as part of this inquiry. Please do not hesitate to contact me, at the details provided, should you require additional information.

 

Sincerely

Alastair Lawrie

 

Fiona Patten

Fiona Patten MLC, whose Racial and Religious Tolerance Amendment Bill 2019 would protect LGBTI Victorians against vilification.

 

Footnotes:

[i] Section 18C Racial Discrimination Act 1975 (Cth).

[ii] Section 19(c) Anti-Discrimination Act 1998 (Tas).

[iii] Section 19(e) Anti-Discrimination Act 1998 (Tas).

[iv] Section 19(e) Anti-Discrimination Act 1998 (Tas).

[v] Section 17(1) Anti-Discrimination Act 1998 (Tas).

[vi] Section 67A(1)(b) Discrimination Act 1991 (ACT).

[vii] Section 67A(1)(d) Discrimination Act 1991 (ACT).

[viii] Section 67A(1)(g) Discrimination Act 1991 (ACT).

[ix] Darlington Statement, March 2017, Article 9: ‘We call for effective legislative protection from discrimination and harmful practices on grounds of sex characteristics.’

[x] Which defines sex characteristics as ‘each person’s physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.’ Yogyakarta Principles plus 10, 10 November 2017.

[xi] Section 124A Anti-Discrimination Act 1991 (Qld).

[xii] Because the definition of transgender in section 38A only protects a person:

(a) ‘who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or

(b) who has identified as a member of the opposite sex by living as a member of the opposite sex…’

[xiii] Section 38S Anti-Discrimination Act 1977 (NSW).

[xiv] Section 49ZT Anti-Discrimination Act 1977 (NSW).

[xv] Section 93Z(1)(c) Crimes Act 1900 (NSW).

[xvi] Section 93Z(1)(d) Crimes Act 1900 (NSW).

[xvii] Section 93Z(1)(e) Crimes Act 1900 (NSW).

Did You Know? South Australia Still Hasn’t Abolished the Gay Panic Defence

[Updated 23 February 2020: A response from South Australian Attorney-General Vickie Chapman is included at the end of this article]

 

For those who are not aware, the ‘gay panic’ defence (sometimes referred to as the homosexual advance defence) was a partial defence to murder in Australia.

 

Part of the broader partial defence of provocation, the gay panic defence applied where a defendant killed another person but claimed it was because they lost control in response to an unwanted, non-violent sexual advance by the victim.

 

If successfully raised, the defendant would be convicted of manslaughter instead of murder, and generally a lower maximum sentence would be imposed.

 

If this sounds abhorrent, that’s because it was. Primarily used in circumstances where a heterosexual man killed a gay man, the gay panic defence was nothing short of legalised homophobia.

 

It told society that one of the most awful things that could happen to a heterosexual man was to be ‘hit on’ by a gay or bisexual man.

 

It told gay and bisexual men their lives were not as valuable as other members of the community.

 

Despite this, the gay panic defence was upheld as valid by a majority of the High Court of Australia in the infamous case of Green v The Queen [1997] HCA 50.

 

The injustice of this outcome was eloquently described by Justice Michael Kirby in his dissenting judgment to that decision:

 

“If every woman who was the subject of a ‘gentle’, ‘non-aggressive’ although persistent sexual advance… could respond with brutal violence rising to an intention to kill or inflict grievous bodily harm on the male importuning her, and then claim provocation after a homicide, the law of provocation would be sorely tested and undesirably extended…

 

Any unwanted sexual advance, heterosexual or homosexual, can be offensive. It may intrude on sexual integrity in an objectionable way. But this Court should not send the message that, in Australia today, such conduct is objectively capable of being found by a jury to be sufficient to provoke the intent to kill or inflict grievous bodily harm. Such a message unacceptably condones serious violence by people who take the law into their own hands.”

 

But that was exactly the message that Kirby’s High Court colleagues chose to send. And it sent a message to state and territory parliaments around the country: the only way to end the gay panic defence was for them to amend the partial defence of provocation.

 

As well as a third and final message to the LGBTI community – that we needed to engage in eight separate campaigns to remove the stain of the gay panic defence from the law books.

 

Seven of those campaigns have been successful. As with many LGBTI law reforms, Tasmania was the first to act, abolishing the partial defence of provocation entirely (therefore including the gay panic defence) in 2003.

 

Victoria, Western Australia and Queensland have also chosen to abolish provocation entirely, while New South Wales, the Australian Capital Territory and Northern Territory have instead legislated that non-violent sexual advances (including same-sex advances) are not a valid defence to murder.

 

Queensland was the last of these jurisdictions to take action – abolishing the gay panic defence in 2017.

 

Unfortunately, though, that leaves one jurisdiction that has so far failed to take action. It also means that the use of the past tense, in the introduction to this article, was incorrect.

 

That’s because today, 2 February 2020, the gay panic defence is still a partial defence to murder in South Australia.

 

That seems extraordinary – the first Australia jurisdiction to decriminalise homosexuality, in 1975, is the last to reform a law that says a heterosexual man killing a gay or bisexual man who makes an unwanted, non-violent sexual advance towards him is less culpable than other killers.

 

Of course, LGBTI rights advocates in South Australia have long called for the repeal of the gay panic defence.

 

The South Australian Law Reform Institute has also recommended this change, calling for the partial defence of provocation to be abolished in April 2018.

 

The current Liberal Government has even agreed. On 9 April 2019, South Australian Attorney-General Vickie Chapman issued a media release titled ‘State Government moves to abolish provocation defence’, including the following comments:

 

The Marshall Liberal Government will introduce legislation abolishing the defence of provocation by the end of the year, after announcing today a Bill will be drafted to go out for extensive consultation…

 

“The fact that an outdated legal position such as this is [sic] still exists is disappointing, to say the least,” Ms Chapman said…

 

“Cabinet has now approved the drafting of a Bill that reflects the Marshall Government’s response to the [South Australian Law Reform] Institute’s recommendations, and ensure our laws in this area are brought up to date.”

 

Ms Chapman said key stakeholders – such as the Director of Public Prosecutions, the Courts Administration Authority and victims’ rights groups – would be consulted on the draft legislation, with a view to bringing a Bill before the Parliament by the end of the year.

 

Unfortunately, the end of 2019 came and went, but legislation ending the gay panic defence in South Australia was nowhere to be seen.

 

There does not appear to be any current Bill before the South Australian Parliament to end this abhorrent partial defence. Nor has there been any follow-up media release from Ms Chapman as far as I can ascertain.

 

Indeed, the only thing that comes up when searching for ‘gay panic’ or ‘provocation’ on the website of the Sout Australian Attorney-General’s Department is that initial April 2019 release promising reform before the end of last year.

 

This situation is obviously not good enough. In the third decade of the 21st century, it is simply unacceptable that the law of an Australian jurisdiction still provides that killing a gay or bisexual man who makes an unwanted, non-violent sexual advance is in any way justifiable.

 

It’s time for the South Australian Government to live up to its promise to end the gay panic defence once and for all. With Parliament resuming this coming Wednesday, 5 February 2020, what better time to get started.

 

Take Action

 

You can write to the Premier, or Attorney-General (or both!), calling for them to implement their promise to abolish the gay panic defence as a matter of priority. Their contact details:

 

The Hon Steven Marshall MP

Premier of South Australia

GPO Box 2343

ADELAIDE SA 5001

premier@sa.gov.au

Twitter: https://twitter.com/marshall_steven

Facebook: https://www.facebook.com/StevenMarshallMP/

 

The Hon Vickie Chapman

Attorney-General of South Australia

GPO Box 464

ADELAIDE SA 5001

AttorneyGeneral@sa.gov.au

Twitter: https://twitter.com/VickieChapmanMP

Facebook: https://www.facebook.com/vickiechapmanMP/

 

My own email to the Attorney-General, and copied to the Premier:

 

Dear Ms Chapman,

I welcome your promise of 9 April 2019 to abolish the gay panic defence (media release: ‘State Government moves to abolish provocation defence’).

However, I note your commitment that this legislation would be introduced before the end of last year does not appear to have been met.

As we enter the third decade of the 21st century, there is no room in the law for this partial defence, which tells society that one of the most awful things that can happen to a heterosexual man is to be ‘hit on’ by a gay or bisexual man.

More importantly, this law tells gay and bisexual men their lives are not as valuable as other members of the community.

With South Australian Parliament resuming on Wednesday 5 February, I look forward to the Government introducing legislation to abolish the gay panic defence as a matter of urgency.

Sincerely,

Alastair Lawrie

 

The following response was received from Attorney-General Vickie Chapman:

 

21 February 2020

Dear Mr Lawrie

Abolition of the ‘gay panic’ defence

I write in response to your email of 2 February 2020 to myself and the Premier, the Hon Steve Marshall MP, regarding the repeal of the so-called ‘gay panic’ defence.

I acknowledge your concerns that legislation to remove the gay panic defence is yet to be introduced in Parliament. As I have previously made clear, my views are that the gay panic defence is offensive and unacceptable, and I appreciate what the removal of this defence means to so many in the LGBTQI community.

To that end, I advise that officers in the Attorney-General’s Department are working on the Bill to make significant changes to this area of law, largely based on recommendations contained in the South Australian Law Reform Institute (SALRI) Report on The Provoking Operation of Provocation.

The defence of provocation is a complex area of sentencing law, and it is important that the legislation to remove the gay panic defence is properly considered. Accordingly, it has been necessary for me to seek expert advice regarding the abolition of the defence in murder cases as well as consider further reforms to sentencing and defences relating to family violence. The potential implications of the removal of the defence are significant and there are aspects of provocation laws that should remain in our sentencing regime, including for example, where domestic violence victims kill an abuser in self-defence.

The Bill will abolish the common law defences of provocation, necessity, duress and marital coercion and substitute statutory defences for necessity and duress. The partial defence of provocation (which has been, in some circumstances, used as a defence to unwanted same-sex advances) will be abolished.

The passage of this Bill remains a priority for the Government. It is my intention to progress the Bill to consultation in the first quarter of this year.

Thank you for your interest in this issue.

Yours sincerely

Vickie Chapman MP

Deputy Premier

Attorney-General

 

Chapman

South Australian Attorney-General, the Hon Vickie Chapman MP

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

She who should not be named (on a tennis stadium)

The 2020 Australian Open starts tomorrow. As a long-term tennis fan, it is one of my favourite times of the year (although sadly I won’t be there in person this time around). As a long-term LGBTI advocate, however, I am not looking forward to the next fortnight – primarily because there will be considerable attention on a certain former Australian women’s tennis player.

Not just because the third largest court is named after her, but also because this year marks the 50th anniversary of her calendar-year grand slam – which was, admittedly, a remarkable achievement (for context, only one singles player, male or female, has repeated this feat in the half-century since: Steffi Graf in 1988).

Given we won’t be able to avoid this topic in the days ahead, I thought I would share my perspective on what should happen when Tennis Australia commemorates Margaret Court’s accomplishment, and why they should permanently remove her name from Margaret Court Arena.

I should start by saying what this is not about. It’s not about her opposition to marriage equality. Despite seeking to discriminate against LGBTI couples under secular law, she was entitled to her opinion, no matter how wrong it was (and thankfully the majority of Australians decided she was indeed very wrong).

On the other hand, it is about Margaret Court being a vocal opponent of the equalisation of the age of consent in Western Australia in 2002 (which is actually when, as a queer activist at university, I first came across her bigoted views). For those who don’t know, she literally campaigned for young gay and bisexual men, aged 16 to 20, to remain subject to criminalisation, including the threat of imprisonment, simply because of who they were.

That, to me, went beyond the pale. This was not simply a difference in policy – she used her position of influence in political debate to target vulnerable members of our community. That incident alone should be sufficient to mean she is not celebrated by Tennis Australia – or indeed anyone with a conscience.

Although unfortunately it was not the last time Margaret Court would attack LGBT young people. As recently as three weeks ago, she reportedly described trans kids as being the work of the devil (“That LGBT in the schools, it’s of the devil, it’s not of God… you know when children are making the decision at seven or eight years of age to change their sex. Just read the first two chapters of Genesis, that’s all I say. God made male and female”).

Court’s list of tennis records might be long, but her record of homophobic, biphobic and transphobic statements is much, much longer (noting that these are just a couple of examples out of many I could have chosen).

Of course, some people might respond by saying that the above actions are unrelated to tennis, and she should be judged solely on her sporting career. The only problem with this defence is that she has an equally lengthy history of anti-LGBT prejudice in relation to tennis.

As far back as 1990, Court criticised out lesbian champion Martina Navratilova (“a great player but I’d like someone at the top who the young players can look up to. It’s very sad for children to be exposed to homosexuality. Martina is a nice person. Her life has just gone astray”) and famously said that lesbians were ruining tennis.

In the three decades since, her views have not evolved, although who she attacks has – Margaret Court now adds trans tennis players, and trans women athletes in particular – to her growing list of targets (“ And you know with that LGBT, they’ll wish they never put the T on the end of it because, particularly in women’s sports, they’re going to have so many problems”).

But, out of the many hateful and hurtful ‘contributions’ Margaret Court has made to public life over the years, there is one that stands out in my memory, for all the wrong reasons. In 2013, following the birth of Casey Dellacqua and her partner Amanda Judd’s first child, Margaret Court wrote the following newspaper letter to the editor:

 

Fathers for babies

The article (Dellacqua, partner welcome baby boy, 29/8) rightly celebrates the birth of a child. Yet it is with sadness that I see that this baby has seemingly been deprived of his father.

If we continue to dismantle the traditional family unit as old fashioned, archaic and no longer even necessary or relevant, we will create a fatherless generation.

Indeed, the lines are becoming increasingly blurred as the march towards such partnerships, even gay marriage, is fuelled by minority voices rising in opposition to respected Christian beliefs which many cultures also believe.

For the person who is birthed with no exposure, or even acknowledgement, of their natural dad there will always remain questions as to their identity and background.

Personally, I have nothing against Casey Dellacqua or her “partner”.

I simply want to champion the rights of the family over the rights of the individual to engineer social norms and produce children into their relationships.

As a patron of the Australian Family Association, I really want to see a society where traditional family values are still celebrated and every child has the best possible start in life.

Margaret Court, Victory Life Centre

 

Note this was not simply an expression of her views about ‘rainbow families’ in general, it was specific criticism of one such family in particular. It was a pre-meditated attack on a couple at a time when they should have been celebrating something precious and wonderful, not being subjected to unfair commentary because of their sexual orientation.

And, contrary to Court’s protestations (‘I have nothing against Casey Dellacqua or her “partner”’), the use of scare quotes there says everything you need to know about her level of disrespect towards them.

Nor can this episode be divorced from Court’s tennis career. The letter was written by a former Australian tennis player, about a then-current Australian player – and this context was no doubt influential in ensuring it was published.

The truth is that, as much as Margaret Court was a champion on the tennis court, she has been the exact opposite off it. And, because of her actions – including the attack on Casey Dellacqua and her family – it is impossible to separate the two.

That is why, whenever Tennis Australia chooses to commemorate the 50th anniversary of Margaret Court’s calendar grand slam during the next fortnight, I hope the crowd at Melbourne Park (respectfully) turn their backs on her. And if she is given the opportunity to speak, I hope they cover their ears too – because she has abused far too many platforms, over far too many years, to demean and denigrate lesbian, gay, bisexual and transgender Australians.

It is also why she should not be named above the third largest court there. While Court may have been a tennis star in the 1960s and 1970s, everything she has done since means she has nothing to offer in the 2020s and beyond (she is definitely not a role model for the current generation of players – ask yourself, have you ever heard any Australian player, including our recent champions Sam Stosur and Ash Barty, say they look up to Margaret Court? Definitely not).

What makes this decision even easier is that there is such a clear alternative. A seven-time major winner in singles, and former world number one, from the 1970s and 1980s. An Aboriginal champion, who used her post-playing career to give back to Aboriginal young people (her Companion of the Order of Australia recognised her “eminent service to tennis as a player at the national and international level, [and] as an ambassador, supporter and advocate for the health, education and wellbeing of young Indigenous people through participation in sport, and as a role model”).

Once the 2020 Australian Open wraps up on Sunday February 2, it’s time to take down the signage for Margaret Court Arena, and put up a new name in its place: Evonne Goolagong Cawley Arena.

Margaret-Court-Arena-Gal2

2020 should be the last year Margaret Court’s name appears above the third court at Melbourne Park.

Census 2021 – Count Us In

Update:

On Monday 11 February 2020, the Guardian Australia reported that the 2021 Census Regulations had been lodged by the Assistant Treasurer, Michael Sukkar – without any new questions on sexual orientation, gender identity and sex characteristics.

In case it wasn’t clear before this, it is now undeniable that, as far as the Morrison Liberal-National Government is concerned, LGBTI Australians don’t count, and we therefore shouldn’t be counted.

The ramifications of this exclusion will last for most of the 2020s. The next opportunity to include sexual orientation, gender identity and sex characteristics will be the 2026 Census. Data from that Census will be progressively published from 2027 onwards, meaning service-delivery based on that data, in health, education and other community services, is unlikely before 2028.

The decision to effectively erase LGBTI Australians from the Census will be felt for most of the next decade (at least). Shame on the Minister, and Government, who would prefer us to be invisible.

Original Post:

It may not seem all that important right now, with everything else going on, but whether lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians are included in the 2021 Census will have a long-term impact on the health of our communities.

The Commonwealth Treasury Department is currently conducting a public consultation on Exposure Draft Census and Statistics Amendment (Statistical Information) Regulations 2019.

Submissions close next Friday, 10 January 2020. If you have the time, please consider making a short submission, asking them to #CountUsIn. More information about how to make your voice heard, from the National LGBTI Health Alliance, is provided below.

Here’s my letter:

 

Division Head
Macroeconomic Modelling and Policy Division
Treasury
Langton Cres
Parkes ACT 2600

Submitted via: 2021CensusRegulations@treasury.gov.au

Friday 3 January 2020

 

To Whom It May Concern

Re: Census of Population and Housing

I am writing to you as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, to bring to your attention my personal view about the importance of including questions on sexual orientation, gender identity and intersex status in the 2021 Census.

For me, a census that captures sexual orientation, gender identity and intersex data will enable us all to better manage our health. It is important for governments at Commonwealth and state and territory level, and service providers, to have access to this data, so that I and my family and friends have the same access to targeted health services as all other Australians.

I am aware that the ABS itself asked the Commonwealth Government to consider sexual orientation, gender identity and intersex status questions to be included in the census based on an overwhelming need for this data to be collected.

I also note that in 2017 the Commonwealth Government spent $80.5 million in engaging the ABS to conduct the same-sex marriage law postal survey.

Apparently, asking all Australians to express their opinion about the relationships, and lives, of LGBTI people and their families was acceptable then.

It would be an incredible, and unjustifiable, double-standard to decide that asking people about their sexual orientation, gender identity and intersex status is unacceptable now.

LGBTI people are part of every Australian community, and everyone deserves to be counted.

We count. Our lives count. Our health counts. Our futures count. It’s time to count us in.

I respectfully ask that you reconsider the inclusion of these questions in the 2021 Census.

Yours sincerely,

Alastair Lawrie

 

Take Action

One of my main objectives for the blog this year is to include practical information on as many posts as possible about actions readers can take.

In this case, I strongly encourage you to visit the National LGBTI Health Alliance website, where they have provided a draft template letter on which the one above is based.

Please download it, add your own personal message and lodge it by Friday 10 January 2020. As requested by the Alliance, if you are emailing it, please also copy info@lgbtihealth.org.au and ask for your submission to be made public on the Treasury website.

Make your voice heard. Make sure our community is counted. #CountUsIn2021

ABS