Submission to NSW Parliament Inquiry into Gay and Transgender Hate Crimes Between 1970 and 2010 – 57th Parliament

Standing Committee on Social Issues

NSW Legislative Council

via email: socialissues@parliament.nsw.gov.au

Thursday 30 April 2020

 

To the Committee

Submission re Gay and Transgender Hate Crimes Between 1970 and 2010

Thank you for the opportunity to provide this submission on the subject of ‘Gay and Transgender hate crimes between 1970 and 2010’ in NSW.

I do so further to my original submission to the inquiry into the same subject, held in the previous Parliament.

I welcome the decision by the NSW Legislative Council to re-establish an inquiry into this important topic, and continue this work, this term.

In this submission, I endorse the submissions already made to the re-established inquiry by organisations that represent the LGBT community in NSW. This includes the submission made by ACON.

Specifically, I endorse ACON’s comments relating to Recommendation 3 of the Interim Report (‘That the NSW Police Force ensure that all officers have the skills and knowledge to engage with lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people respectfully and equally’), namely:[i]

The recommendation of the Interim Report relating to the responsibility of the New South Wales Police Force fails to recognise the historical context that this Inquiry examined. We would assert that the NSW Police Force also needs to consider the impact of their policing and its effect on our communities in the past. It is only in conjunction with ongoing reflection on these issues that skills and knowledge will have any effect on the relationship between our communities and the Police.

I also endorse ACON’s comments about the disappointing response to the Interim Report provided by the Minister for Police, the Hon David Elliott:[ii]

ACON believes the response does not adequately take into consideration the overall content of the Committee’s Report on the Inquiry, focusing only on a singular recommendation. The work of the Committee in putting together the Report reflects, to a degree, the personal stories and experiences of community members and organisations. While the Report goes some way to frame these stories in the context of problems with policing and our communities, the response from Minister Elliott downplays these experiences. The brevity of the response, and its ignorance of the full subject matter of the Report, is disappointing…

The crimes that occurred in the past are abhorrent, and the police response to these crimes was negligent at best. These facts are known by our communities. ACON was extremely disappointed that no such acknowledgement was included in Minister Elliott’s response.

Finally, I endorse the call made by ACON for the Committee to seek evidence from NSW Police to assess the four measures that are proposed in the one-page response by Minister Elliott, including how they are being implemented in practice:[iii]

  1. Revised bias crime indicator assessment tools supported by appropriate training packages
  2. A review of internal policies ensuring open-mindedness regarding motive
  3. Ongoing internal ethical and cultural training to specifically include LGBTIQ experiences
  4. Ongoing improvements to ensure bias crimes are centrally captured for state-wide investigations.

I also endorse the submission to the re-established inquiry made by the NSW Gay & Lesbian Rights Lobby. This includes their comments that:[iv]

The trust to which our community can place in the NSW Police Force will continue to suffer as long as the Force continues to come to grips with its culture of homophobia. As per our previous submission, we want to see ongoing education modules relating to LGBTIQ people as a standard of employment for every employee of NSW Police Force, from the Commissioner down. It is no longer good enough to have a handful of ‘trained’ GLLOs, unevenly distributed across the state…

An individual living in any corner of this state should be able to deal with any NSW Police Officer or any other public service employee with confidence, knowing they will be treated equally and respectfully.

I also endorse the NSW Gay & Lesbian Rights Lobby’s submission on the need for anti-discrimination law reform to help address homophobia and transphobia in NSW:[v]

[T]he tacit approval of discrimination must be avoided. Anti-discrimination laws, and their exemptions, have been the subject of wide-spread consideration in recent years. The swift public backlash to exemptions which permit discrimination by religious schools against LGBTIQ people are heartening. However, as yet, the GLRL eagerly awaits the removal of these exemptions. The research and lived experiences … demonstrate how discrimination permitted by laws such as the Anti-Discrimination Act 1977 (NSW) contribute to a culture which sees hate crimes committed against LGBTIQ people.

Finally, I support the submission made by the Pride History Group (submission number 15), and draw the Committee’s attention to the personal accounts of homophobia and transphobia, including homophobic and transphobic violence, which it contains.

In terms of my own substantive comments, I have two criticisms of the Interim Report which I would like to make to the Committee.

The first concerns observations, both in the Chair’s foreword, and in evidence provided by Assistant Commissioner Anthony Crandell of the NSW Police Force, that appears to frame NSW Police as passively reflecting the homophobia and transphobia of NSW society, rather than being an active contributor to this discrimination and intolerance.

For example, the Hon Shayne Mallard MLC wrote on page vii that:

For many decades, pervasive prejudices against LGBTIQ people ran deeply in society. Even with legislative change following the decriminalisation of homosexuality in 1984, bias attitudes were still being perpetuated within the broader community with a legacy that is still keenly experienced today. The ensuing violence and crime against gay and transgender people, particularly in the 1970s, 1980s and 1990s, was shocking, abhorrent and all too common. Amidst this stood a NSW Police Force and a broader criminal justice system with a culture influenced by the social values of the time [emphasis added].

Similarly, on page 8, the Interim Report noted that:

While Assistant Commissioner Anthony Crandell, Police Education and Training, NSW Police Force acknowledged that the ‘police force reflected the community and was no different, with culture and values taking far longer to evolve.’

And again on page 45:

In evidence to the inquiry, Assistant Commissioner Crandell acknowledged that historically, the ‘NSW Police Force accepted a culture and society that marginalised people who happened to be sexually or gender diverse.’

He made further comments along the same lines on page 69:

Assistant Commissioner Crandell observed that at no stage had the NSW Police Force indicated that there was ‘no more homophobia, transphobia or that sort of sentiment’ within the force. Rather, he stated: ‘We reflect the community.’ He explained: ‘If we can say that about the community then perhaps I could say that about the police force, but you cannot say that about the community and I cannot say that about the police force…’

The overall impression of these comments is that NSW Police was only ever a ‘mirror’ reflecting society’s homophobia and transphobia back to itself, rather than an organisation with agency that itself generated homophobia and transphobia through its own culture, policies and operational decisions.

I would dispute this ‘mirror’ characterisation in at least two ways. First, the police force is a key shaper of societal attitudes. It plays a role in deciding those rules that are actively enforced, and those that are not (because there will always be far more ‘crimes’ committed than are investigated or prosecuted at any one time) – and this sends a signal to ordinary community members about what are serious breaches of the law versus minor infractions. In this way, the law enforcement actions of police carry a ‘normative’ value.

Indeed, this can be seen in prioritisation of anti-homosexual policing described on page 7 of the Interim Report:

Societal views and attitudes of the time were said to have been compounded by the leadership approach taken by senior policy officers. For example, during the 1950s, the then NSW Police Commissioner Colin Delaney voiced personal views regarding homosexuality that encouraged vigilant detecting and prosecution of homosexual acts and homosexual men by police. In 1958, Commissioner Delaney described homosexuality as “Australia’s greatest menace’; that homosexuals were a “cancer in the community”, who threatened to damage society’s “moral welfare.”

I submit it is impossible to argue that these comments, from the ‘top cop’ in the biggest jurisdiction in Australia, did not have an impact on societal homophobia – especially when it was reinforced by police entrapment and harassment of gay and bisexual men.

The second way in which NSW Police contributed to homophobia and transphobia in society (rather than the other way around), was by failing to properly investigate crimes against gay, bisexual and transgender victims of crime.

While I concede many people at the time may have considered LGBT people to be ‘lesser’ than other members of the community, the actions of NSW Police actually made them so under the law, and therefore actively encouraged others to treat them in the same way.

As noted by the Committee itself on page 35:

Throughout the inquiry the committee heard that police investigations into a number of suspected gay hate crimes during the 1980s and 1990s were inadequate, ineffective and in some cases absent almost entirely, with victims and loved ones never receiving adequate justice.

As described by Mr Larry Galbraith on page 32:

[E]fforts to encourage victims to report were often ‘undermined by the police themselves’, which in turn impacted on the willingness of victims to report crimes. Mr Galbraith recounted a sentiment expressed to him, that going to the police was like a ‘lucky dip – expect it was a lucky dip that too many gay men were not prepared to risk’. He explained: ‘For many gay men, it was sheer luck if the cop you saw took your matter seriously and was willing to do something about it.’

By failing to do their jobs and investigating crimes committed against anyone, irrespective of who they were, NSW Police sent a message to the community that crimes committed against gay and bisexual men, and transgender people, were less serious than crimes committed against cisgender and heterosexual people. That reflects the special role of police in law enforcement, and goes far beyond simply ‘mirroring’ intolerant attitudes.

For these reasons, it was incredibly disappointing to see on page 94 that key sections of the draft Interim Report were removed by Committee members prior to its publication.

This includes the [now deleted] observation that:

The committee accepts the view put forward by a number of inquiry participants that the homophobic culture within NSW Police during the time period examined has significantly obstructed the delivery of justice for members of the LGBTIQ community subjected to violence and hate crimes, in addition to further marginalising a community that already felt ‘rejected’ by many in society’.

Most disappointingly, it involved removing Finding 2:

That the NSW Police Force failed in its responsibility to properly investigate cases of historic hate crime and this has undermined the confidence of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) communities in the NSW Police Force and the criminal justice system more broadly.

I strongly urge the committee to make this finding as part of the re-established inquiry.

My second substantive criticism of the Interim Report relates to how it dealt with the issue of the gay panic, or ‘homosexual advance’, defence – or, more accurately, how it failed to properly address this topic.

The terms of reference specifically included the following:

(b) in relation to LGBTIQ hate crimes more generally:

i. what role the so-called ‘Gay panic’ defence played in the culture of LGBTIQ hate crimes between 1970 and 2010,

ii. how the so-called ‘Gay panic’ defence impacted the delivery of justice and the treatment of Gay men during LGBTIQ hate crime investigations and court proceedings

However, despite this term of reference, and Chapter 4 of the Interim Report discussing this issue at some length, the Interim Report does not include any findings or recommendations on this subject.

Even worse, once again strong statements on this subject, including a proposed Recommendation, were removed by the Committee prior to the public of the Interim Report (as noted on page 99 of the Report). These deleted paras stated:

While the Crimes Act 1900 has been amended to finally reflect the recommendations of both the 1995 NSW Attorney-General’s Working Party on Homosexual Advance Defence and the parliamentary inquiry into the partial defence of provocation, the committee acknowledges that there is a ‘gay panic’ defence legacy.

The committee supports the NSW Government’s 2013 directive for the NSW Law Reform Commission to conduct a comprehensive review of the law of homicide and homicide defences, as initially recommended by the 2013 Legislative Council Select Committee on the Partial Defence of Provocation to ensure that recent legal reforms have effectively removed any potential for further injustice to occur. The committee therefore recommends that the NSW Attorney General issue a reference to the NSW Law Reform Commission to require it to undertake a comprehensive review of the law of homicide and homicide defences in New South Wales.

Recommendation 10

That the NSW Attorney General issue a reference to the NSW Law Reform Commission to require that it undertake a comprehensive review of the law of homicide and homicide defences in New South Wales to ensure that recent legal reforms have effectively removed any potential for injustice to occur.

I believe that these paras, and the proposed Recommendation 10, were justified on the basis of evidence provided to the inquiry by ACON, Mr Larry Galbraith,[vi] and Mr Nathan Johnstone,[vii] among others.

I strongly urge the Committee to incorporate these comments, and to make a similar recommendation to the deleted Recommendation 10, in its Final Report.

This would highlight the deleterious impact of the gay panic defence, not just on the individual victims whose lives were treated as somehow being less worthy by the criminal justice system, but also the entire LGBT community because crimes against them were seen as less serious than crimes committed against others.

My final comment in relation to the Interim Report is to express my support for the position of the NSW Young Lawyers Human Rights Committee, as summarised on page 50:

The NSW Young Lawyers Human Rights Committee argued that there are limitations to the current GLLO program that need to be addressed. These include:

  • the name of the program creates barriers to access for bisexual, transgender, intersex and queer people
  • there are significant gaps in when and where GLLOs are available; and
  • there is limited evaluation of the performance of GLLOs in their role.

Given the perceived limitations of the GLLO program, the NSW Young Lawyers Human Rights Committee put forward three recommendations to improve its accessibility and effectiveness. These were:

  • Changing the name of the program to the LGBTIQ Liaison Officer program
  • Increasing the number of LGBTIQ liaison officers particularly in areas where gaps exist
  • Regularly evaluating the performance of LGBTIQ liaison officers and ensuring adequate support is provided for such officers to perform effectively in their roles.

I urge the Committee to adopt these suggestions in its Final Report. In this way, and provided they are subsequently adopted by NSW Police, it would help to strengthen this program – and, most importantly, to prevent some of the historical injustices heard by the Committee from being repeated in the future.

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

Sincerely

Alastair Lawrie

w1-truthandjustice

ACON’s In Pursuit of Truth and Justice Report, which documents gay and transgender prejudice killings in NSW in the late 20th century, can be found here.

Footnotes:

[i]  Submission Number 12, ACON, page 11.

[ii] Submission Number 12, ACON, pages 12-13.

[iii] Submission Number 12, ACON, pages 14-15.

[iv] Submission Number 14, NSW Gay & Lesbian Rights Lobby, page 6.

[v] Submission Number 14, NSW Gay & Lesbian Rights Lobby, page 8.

[vi] From page 61 of the Interim Report:

Mr Galbraith was of the view that the ‘gay panic’ defence ‘helped perpetuate the idea that… somehow the crime was lesser and therefore… should not be treated as seriously’. He added it was likely that the ‘gay panic’ defence fed ‘into a culture where other crimes against gay men should not be treated as seriously.’

[vii] Noting that the following para, describing Mr Johnstone’s evidence, was also removed from the final report:

Mr Nathan Johnstone, Committee member, NSW Gay and Lesbian Rights Lobby summarised for the committee the legacy of the “gay panic” defence:

I certainly think that it feeds into the level of distrust or the damage to the relationship between perhaps our community and not just police but perhaps the whole criminal justice system. You have got at least, I think it was, 13 people in about a three- or five-year period… who successfully used this before it was abolished. This is remarkable… That will still breed that culture and fuel that culture of distrust.

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

This article is part of a series. Find other ‘Did You Know?’ posts here.

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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?

Submission re NSW Curriculum Review Interim Report

Thank you for the opportunity to provide this submission, in response to the NSW Curriculum Review Interim Report (Nurturing Wonder and Igniting Passion: Designs for a future school curriculum), released in October 2019.

 

I make this submission as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, and as someone who has consistently called for an inclusive national, and NSW, Personal Development, Health & Physical Education (PDHPE) syllabus.

 

In this context, I wish to express my disappointment with the Interim Review, which ignores the needs of LGBTI students, and potentially makes the introduction of a genuinely-inclusive PDHPE syllabus more difficult.

 

For example, in describing ‘the changing student population’ on page 5, the Review discusses the ‘size and diversity of today’s student population’, including highlighting metro versus regional, rural and remote, public versus religious/independent schools, Aboriginal and Torres Strait Islander students, students who speak a language other than English at home, and students with disability – but there is no mention of LGBTI students.

 

This absence continues throughout the rest of the document, including wherever there is a focus on meeting the needs of diverse students (such as the section on ‘an inclusive curriculum’ on pages 65-66: ‘within each school subject, the curriculum should be designed as far as possible to be inclusive of, and accessible to, every student’). In fact, LGBTI students, and related issues, do not appear once in the 116 pages of the Interim Report.

 

This exclusion is even more concerning in the context of ‘Reform Direction 1: Creating a less crowded curriculum’. While I understand there is some pushback on ‘overcrowded and overly prescriptive syllabuses [that] create pressure on teachers and schools’ (page 6 of the Interim Report Consultation Workbook), I am worried this proposal will in fact make schools less safe for LGBTI students.

 

For example, one comment highlighted in the Interim Report implies that a range of topics have been unnecessarily added to the curriculum, and should therefore be considered for removal, including ‘anxiety/depression, resiliency training, childhood obesity, road safety, water safety, Asian studies, healthy school canteens, bush fire safety awareness, languages, cyber safety and anti-bullying’ (page 27, emphasis added.)

 

Surely, anti-bullying, and attempting to create a safe environment for all students in which to learn, is actually a core requirement of each and every school?

 

But the bigger problem of Reform Direction 1 is that it proposes a ’15 to 20 per cent reduction’ in the content of each and every syllabus – when, as I submitted during its development, the current PDHPE syllabus excludes LGBTI students and content that is relevant to their needs, and consequently needs to have content added.

 

As I wrote at the beginning of 2019:[i]

 

*****

 

the new PDHPE curriculum is entirely unfit for the 21st century, contributing to the ongoing invisibility of lesbian, gay, bisexual, transgender and intersex (LGBTI) content, and therefore of LGBTI students.

 

This can be seen in a number of ways. The first, and perhaps most important, is in its use – or, more accurately, lack of use – of the terms lesbian, gay, bisexual, transgender and intersex themselves.

 

In the 138 pages of the syllabus, these words occur three times each. However, two out of these three appearances are found in the document’s glossary – with a definition of each term, and then as part of the broader definition of LGBTI people.

 

But teachers do not teach the glossary to their students. Instead, they are only required to teach the content for each year stage of the syllabus. And the terms lesbian, gay, bisexual, transgender and intersex can be found only once in the prescribed content, together on page 96:

 

‘investigate community health resources to evaluate how accessible they are for marginalised individuals and groups and propose changes to promote greater inclusiveness and accessibility eg people in rural and remote areas, lesbian, gay, bisexual, transgender and intersex people (LGBTI), people from culturally and linguistically diverse (CALD) backgrounds, people with disability.’

 

The problem with this is that LGBTI comes after ‘for example’ and therefore even referring to LGBTI people in this exercise is, on a prima facie reading, optional.

 

This issue – the status of content that appears after ‘eg’ in the syllabus – was raised, by myself and others, during the consultation process. The answer at the time was that whether this information was taught was at the discretion of the school and/or teacher. This appears to be confirmed in the consultation report, which states on page 18 that:

 

‘The content defines what students are expected to know and do as they work towards syllabus outcomes. Content examples clarify the intended learning. Teachers will make decisions about content regarding the sequence, emphasis and any adjustments required based on the needs, interests, abilities and prior learning of students.’

 

In practice, LGBTI people appear just once in the entire NSW PDHPE K-10 Syllabus, as part of an exercise about marginalised groups and inclusiveness, but schools and/or teachers can choose to remove even this most cursory of references.

 

This marginalisation, and exclusion, of LGBTI content and students is simply not good enough.

 

Another cause of the curriculum’s problems can be found if we return to the glossary, and inspect the definition of sexuality:

 

‘A central aspect of being human throughout life. It is influenced by an interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious and spiritual factors. It is experienced and expressed in thoughts, feelings, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships.’

 

On a philosophical level, this is actually quite an inclusive and even progressive view of the complexity of human sexuality. But on a practical level, the absence of specificity in this definition undermines any obligation for schools and/or teachers to teach about real-world diversity of sexual orientation.

 

This lack of prescription means that, on page 96 – which is the only place in the general syllabus where ‘sexuality’ appears not following an ‘eg’ (and therefore is the only reference that isn’t optional) – content to ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’ does not necessarily include lesbian, gay or bisexual sexualities.

 

It is a similar story in terms of gender, with the glossary definition (‘Refers to the concepts of male and female as well as the socially constructed expectations about what is acceptable for males and females’) not particularly useful in ensuring students learn about the diversity of gender identities. There also do not appear to be any references to non-binary or gender diverse identities.

 

These definitions of sexuality and gender, and how they are employed throughout the syllabus, could be interpreted by some supportive schools and teachers to include lesbian, gay, bisexual and transgender subject matter. But there is absolutely nothing that ensures schools and/or teachers must teach this content.

 

This erasure, or invisibilisation, of LGBTI people in the NSW PDHPE K-10 Syllabus is nothing short of homophobic, biphobic, transphobic and intersexphobic.

 

Which makes it somewhat ironic then that there are more references to homophobia and transphobia in its content than there are to LGBTI people.

 

On page 77: ‘describe forms of bullying, harassment, abuse, neglect, discrimination and violence and the impact they have on health, safety and wellbeing, eg family and domestic violence, homophobic and transphobic bullying, racism, cyberbullying, discrimination against people with disability.’

 

And on page 88: ‘propose protective strategies for a range of neglect and abuse situations, eg family and domestic violence, bullying, harassment, homophobia, transphobia and vilification.’

 

Although note of course that both times homophobia and transphobia appear after an ‘eg’, meaning whether they are taught in these contexts remains optional (and obviously neither of these sections explicitly refers to biphobia or intersexphobia either).

 

Another major problem with the new NSW PDHPE K-10 Syllabus is its approach to sexual health.

 

There are only two compulsory references to sexual health in the content of the syllabus, one of which we have already seen (on page 96: ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’).

 

The other reference, on page 95, describes ‘identify methods of contraception and evaluate the extent to which safe sexual health practices allow people to take responsibility for managing their own sexual health.’

 

There are two problems with this statement. First, it puts the emphasis on ‘contraception’ when sexual health, and LGBTI sexual health especially, is a much broader concept. Second, it does not specifically mandate that schools and teachers instruct students about sexually transmissible infections (STIs).

 

In fact, quite astoundingly, the only reference to STIs in the general syllabus, on page 84 (‘identify and plan preventive health practices and behaviours that assist in protection against disease, eg blood-borne viruses, sexually transmissible infections’) makes teaching about them optional. The only time the term HIV even appears in the entire document is in the glossary.

 

In terms of STI-prevention, it seems the NSW PDHPE syllabus has actually gone backwards from the previous 2003 document, which at least prescribed that students learn about:

 

‘sexual health

-acknowledging and understanding sexual feelings

-expectations of males and females

-rights and responsibilities in sexual relationships

-sexually transmitted infections, blood-borne viruses and HIV/AIDS’ as well as to

‘identify behaviours that assist in preventing STIs, BBVs and HIV/AIDS and explore the interrelationship with drug use.’

 

The aim of the PDHPE K-10 Syllabus is explained on page 12 of the document:

 

‘The study of PDHPE in K-10 aims to enable students to develop the knowledge, understanding, skills, values and attitudes required to lead and promote healthy, safe and active lives.’

 

Unfortunately, the more than 100 pages of the new syllabus which follow that statement make clear that it does not, and cannot, promote healthy, safe and active lives for lesbian, gay, bisexual, transgender and intersex students. After all, it is impossible for students to learn everything they need to be safe when they cannot see themselves in the curriculum.

 

*****

 

Hopefully, this summary of the problems of the existing PDHPE syllabus explains why I am so reluctant to embrace any call for curriculum content to be reduced, given LGBTI content is invisible to begin with and instead should be increased.

 

The final issue I wish to address is ‘Reform Direction 13: Introducing a major project’, and in particular the proposal that this project – which would apparently contribute a significant proportion to a student’s final school results – be undertaken by working in teams.

 

I believe requiring students to work together in teams in this way is only possible where schools are safe learning environments for everyone – and that NSW schools, both government and non-government, currently are not safe for lesbian, gay, bisexual, transgender and intersex students.

 

This is not just because of the exclusion of LGBTI issues from the PDHPE syllabus (although that is obviously a contributing factor), but also because of high rates of homophobic, biphobic and transphobic bullying – which has been exacerbated by the Government’s decision to axe the Safe Schools program which was specifically designed to address these issues.

 

LGBTI students in non-government schools are especially vulnerable given the exceptions in the Anti-Discrimination Act 1977 (NSW), allowing all private schools and colleges (whether they are religious or not), to discriminate against and expel LGBTI kids.

 

It is perhaps ironic that the Interim Report states on page 45 that:

 

studies have highlighted the importance of inclusive, supportive environments in which all learners’ backgrounds, strengths and starting points are recognised and welcomed, strong relationships are built, and collaborative learning (including project-based and problem-based learning) is encouraged.

 

The reality is that too many LGBTI students, in too many NSW schools, do not enjoy ‘inclusive, supportive environments’ in which they are ‘recognised and welcomed’. Unless and until this is fixed, then any proposal for a team-based major project in the final years of the NSW curriculum should be abandoned.

 

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

 

Sincerely

Alastair Lawrie

 

There's no place for discrimination in the classroom-6

Every student has the right to be safe, and to learn about themselves, in every school. The NSW Curriculum Review Interim Report could take us further away from that goal than ever.

 

Footnotes:

[i] Invisibility in the Curriculum, 23 January 2019.

23 LGBTI Issues for the 2019 NSW Election

The 2019 NSW election will be held on Saturday March 23.

It will determine who holds Government until March 2023.

Therefore, with just over a month to go, here are 23 LGBTI issues that parties and candidates should address.

 

  1. Provide anti-discrimination protection to bisexual people

The NSW Anti-Discrimination Act 1977 is the only LGBTI anti-discrimination law in Australia that does not cover bisexual people. This should be amended as a matter of urgency, by adopting the Sex Discrimination Act 1984 (Cth) definition of sexual orientation.[i]

 

  1. Provide anti-discrimination protection to non-binary trans people

The NSW Anti-Discrimination Act 1977 also fails to protect non-binary trans people against mistreatment, because its definition of transgender is out-dated. This definition should be updated, possibly using the Sex Discrimination Act definition of gender identity, to ensure it covers all trans and gender diverse people.

 

  1. Provide anti-discrimination protection to intersex people

The NSW Anti-Discrimination Act 1977 does not have a stand-alone protected attribute covering people born with intersex variations. It should be amended as a matter of urgency by adopting the Yogyakarta Principles Plus 10 definition of sex characteristics: ‘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.’

 

  1. Remove the special privileges that allow private schools and colleges to discriminate against LG&T students and teachers

The NSW Anti-Discrimination Act 1977 is the only LGBTI anti-discrimination law in Australia that allows all privates schools and colleges, religious and non-religious alike, to discriminate on the basis of homosexuality and transgender status.[ii] These special privileges must be repealed, so that all LGBTI students, teachers and staff are protected against discrimination no matter which school or college they attend.

 

  1. Remove the general exception that allows religious organisations to discriminate in employment and service delivery

Section 56(d) of the NSW Anti-Discrimination Act 1977 provides that its protections do not apply to any ‘act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religions susceptibilities of the adherents of that religion.’ This incredibly broad exception allows wide-ranging discrimination against lesbian, gay and trans people. This provision should be replaced by the best-practice approach to religious exceptions in Tasmania’s Anti-Discrimination Act 1998.

 

  1. Remove the special privilege that allows religious adoption agencies to discriminate against LG&T prospective parents

Section 59A of the NSW Anti-Discrimination Act 1977 allows religious adoption agencies to discriminate against prospective parents on the basis of homosexuality and transgender status. This special privilege should be repealed, because the ability of an individual or couple to provide a loving and nurturing environment for a child has nothing whatsoever to do with their sexual orientation or gender identity.

 

  1. Reform commercial surrogacy laws

Under the NSW Surrogacy Act 2010, it is illegal to enter into commercial surrogacy arrangements, either within NSW or elsewhere (including overseas), punishable by up to two years’ imprisonment. Despite this prohibition, people in NSW (including many same-sex male couples) continue to enter into international surrogacy arrangements. It is clearly not in the best interests of children born through such arrangements for either or both of their parents to be subject to criminal penalties. NSW should either legalise and appropriately regulate commercial surrogacy domestically, or remove the prohibition on international surrogacy.[iii]

 

  1. Recognise multi-parent families

Modern families continue to evolve, particularly in terms of the number of parents who may be involved in a child’s upbringing, and especially within rainbow families (for example, with male donors playing an increasingly active role in the lives of children born with female co-parents). This growing complexity should be recognised under the law, including the option of recording more than two parents on official documentation.

 

  1. Modernise the relationships register

The NSW relationships register may have declined in salience, especially within the LGBTI community, following the passage of same-sex marriage in December 2017. However, it remains an important option for couples to legally prove their relationship, especially for those who do not wish to marry (for whatever reason). However, the NSW Relationships Register Act 2010 requires modernisation, including by amending the term ‘registered relationship’ to ‘civil partnership’, and by allowing couples to hold a ceremony if they so choose.[iv]

 

  1. Remove surgical and medical requirements for trans access to identity documentation

Another law requiring modernisation is the NSW Births, Deaths and Marriages Registration Act 1995, which currently provides that, in order to record a change of sex, a person must first have undergone a sex affirmation procedure. This is completely inappropriate, especially because many trans and gender diverse people either do not want to, or cannot (often for financial reasons), undergo surgery. Gender identity should be based on exactly that, identity, with this law amended to allow documentation to be updated on the basis of statutory declaration only, without medical practitioners acting as gate-keepers.[v] The range of identities that are recorded should also be expanded, and this should be done in consultation with the trans and gender diverse community.

 

  1. Ban unnecessary and involuntary medical treatment of intersex children

One of the worst human rights abuses perpetrated against any LGBTI community in Australia is the ongoing involuntary medical treatment of intersex children, which often includes unnecessary surgical modification to sex characteristics. Despite a 2013 Senate report recommending action to end these harmful practices, nothing has been done, including in NSW. With a new review being undertaken by the Australian Human Rights Commission,[vi] whoever is elected in March must take concrete steps to ban non-consensual, medically unnecessary modifications of sex characteristics as soon as possible. In doing so, they should consult with Intersex Human Rights Australia and other intersex organisations, and be guided by the Darlington Statement.

 

  1. Ban gay and trans conversion therapy

Another abhorrent practice that should be banned immediately is gay or trans conversion therapy, which is not therapy but is psychological abuse. Thankfully, this problem has received increased attention over the past 12 months, including a focus on the need for multi-faceted strategies to address this issue. However, a key part of any response must be the criminalisation of medical practitioners or other organisations offering ‘ex-gay’ or ‘ex-trans’ therapy, with increased penalties where the victims of these practices are minors.[vii]

 

  1. Establish a Royal Commission into gay and trans hate crimes

In late 2018, the NSW Parliament commenced an inquiry into hate crimes committed against the gay and trans communities between 1970 and 2010. This inquiry handed down an interim report in late February, recommending that it be re-established after the election. However, in my view a parliamentary inquiry is insufficient to properly investigate this issue, including both the extent of these crimes, and the failures of NSW Police to properly investigate them. Any new Government should establish a Royal Commission to thoroughly examine this issue.[viii]

 

  1. Re-introduce Safe Schools

The Safe Schools program is an effective, evidence-based and age-appropriate initiative to help reduce bullying against lesbian, gay, bisexual, transgender and intersex students. Unfortunately, following a vitriolic homophobic and transphobic public campaign against it, the NSW Government axed Safe Schools in mid-2017. In its place is a generic anti-bullying program that does not adequately address the factors that contribute to anti-LGBTI bullying. The Safe Schools program should be re-introduced to ensure every student can learn and grow in a safe environment.[ix]

 

  1. Include LGBTI content in the PDHPE Syllabus

The NSW Personal Development, Health and Physical Education (PDHPE) curriculum does not require schools to teach what lesbian, gay, bisexual, transgender or intersex mean, or even that they exist. The new K-10 Syllabus, gradually implemented from the beginning of 2019, excludes LGBTI students and content that is relevant to their needs. It is also manifestly inadequate in terms of sexual health education, with minimal information about sexually transmissible infections and HIV. The Syllabus requires an urgent redraft to ensure LGBTI content is adequately covered.[x]

 

  1. Expand efforts to end HIV

NSW has made significant progress in recent years to reduce new HIV transmissions, with increased testing, greater access to pre-exposure prophylaxis (PrEP) and higher treatment rates. However, new HIV diagnoses among overseas-born men who have sex with men are increasing. The NSW Government should create an affordability access scheme for people who are Medicare-ineligible that covers PrEP and HIV treatments (including for foreign students). The introduction of mandatory testing of people whose bodily fluids come into contact with police (aka ‘spitting laws’)[xi] should also be opposed.[xii]

 

  1. Appoint a Minister for Equality

Both the NSW Government and Opposition currently have spokespeople with responsibility for women, ageing and multiculturalism. However, neither side has allocated a portfolio for equality. Whoever is elected on 23 March should appoint a Minister for Equality so that LGBTI issues finally have a seat at the Cabinet table.[xiii]

 

  1. Establish an LGBTI Commissioner

The Victorian Government does have a Minister for Equality (the Hon Martin Foley MP). They have also appointed a Gender and Sexuality Commissioner (Ro Allen) whose role it is to co-ordinate LGBTI initiatives at a bureaucratic level. A new Government in NSW should also appoint an LGBTI Commissioner here.

 

  1. Create an Office for Equality

While having leadership positions like a Minister for Equality and an LGBTI Commissioner are important, the work that is done by an Office for Equality within a central agency (like the Equality Branch within the Victorian Department of Premier and Cabinet) is essential to support LGBTI policies and programs across Government.

 

  1. Convene LGBTI education, health and justice working groups

The NSW Government should establish formal consultative committees across (at least) these three policy areas to ensure that the voices of LGBTI communities are heard on a consistent, rather than ad hoc, basis.

 

  1. Fund an LGBTI Pride Centre

Another initiative that is worth ‘borrowing’ from south of the NSW border is the creation of a Pride Centre, to house key LGBTI community organisations, potentially including a permanent LGBTI history museum. This centre would need to be developed in close partnership with LGBTI groups, with major decisions made by the community itself.

 

  1. Provide funding for LGBTI community organisations

There is significant unmet need across NSW’s LGBTI communities, which should be addressed through increased funding for community advocacy, and service-delivery, organisations, with a focus on intersex, trans and bi groups, and Aboriginal and Torres Strait Islander LGBTI bodies. This should also include funding for LGBTI services focusing on youth, ageing, mental health, drug and alcohol, and family and partner violence issues, and to meet the needs of LGBTI people from culturally and linguistically diverse and refugee backgrounds.

 

  1. Develop and implement an LGBTI Strategy

If, in reading this long list, it seems that NSW has a long way left to go on LGBTI issues, well that’s because it’s true. The birthplace of the Sydney Gay & Lesbian Mardi Gras parade has fallen behind other states and territories when it comes to LGBTI-specific policies and programs. We need a whole-of-government strategy, including clear goals and transparent reporting against them, to help drive LGBTI inclusion forward.

 

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References:

[i] For a comparison of Australian anti-discrimination laws, see: A Quick Guide to Australian LGBTI Anti-Discrimination Laws.

[ii] Sections 38C, 38K, 49ZH and 49ZO. For more, see: What’s Wrong With the NSW Anti-Discrimination Act 1977.

[iii] For more, see: Submissions to Commonwealth Parliamentary Inquiry into Surrogacy.

[iv] For more, see: Submission to Review of NSW Relationships Register Act 2010.

[v] For more, see: Identity, not Surgery.

[vi] My submission to the AHRC Consultation re Medical Interventions on People Born with Variations of Sex Characteristics can be found here.

[vii] For more, see: Criminalising Ex-Gay Therapy.

[viii] For more, see: Submission to NSW Parliamentary Inquiry into Gay and Trans Hate Crimes.

[ix] For more, see: Saving Safe Schools.

[x] For more, see: Invisibility in the Curriculum.

[xi] For more, see: Submission re Mandatory BBV Testing Options Paper.

[xii] For more HIV-related policy priorities, see ACON, Positive Life NSW, SWOP and the NSW GLRL 2019 NSW State Elections Issues’ document.

[xiii] For more, see: Increasing LGBTI Representation.

Invisibility in the Curriculum

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here.

 

Did you know that the NSW Personal Development, Health and Physical Education K-10 Syllabus does not require schools to teach students what lesbian, gay, bisexual, transgender and intersex mean, or even that they exist?

 

The NSW Education Standards Authority reviewed the PDHPE curriculum in 2017 (see my submission to that consultation here), and released its consultation report and final K-10 syllabus in early 2018.

 

It is now being progressively rolled out in NSW classrooms, with full implementation by the start of the 2020 school year.

 

This is despite the fact the new PDHPE curriculum is entirely unfit for the 21st century, contributing to the ongoing invisibility of lesbian, gay, bisexual, transgender and intersex (LGBTI) content, and therefore of LGBTI students.

 

This can be seen in a number of ways. The first, and perhaps most important, is in its use – or, more accurately, lack of use – of the terms lesbian, gay, bisexual, transgender and intersex themselves.

 

In the 138 pages of the syllabus, these words occur three times each.[i] However, two out of these three appearances are found in the document’s glossary – with a definition of each term, and then as part of the broader definition of LGBTI people.

 

But teachers do not teach the glossary to their students. Instead, they are only required to teach the content for each year stage of the syllabus. And the terms lesbian, gay, bisexual, transgender and intersex can be found only once in the prescribed content, together on page 96:

 

‘investigate community health resources to evaluate how accessible they are for marginalised individuals and groups and propose changes to promote greater inclusiveness and accessibility eg people in rural and remote areas, lesbian, gay, bisexual, transgender and intersex people (LGBTI), people from culturally and linguistically diverse (CALD) backgrounds, people with disability.’

 

The problem with this is that LGBTI comes after ‘for example’ and therefore even referring to LGBTI people in this exercise is, on a prima facie reading, optional.

 

This issue – the status of content that appears after ‘eg’ in the syllabus – was raised, by myself and others, during the consultation process. The answer at the time was that whether this information was taught was at the discretion of the school and/or teacher. This appears to be confirmed in the consultation report, which states on page 18 that:

 

‘The content defines what students are expected to know and do as they work towards syllabus outcomes. Content examples clarify the intended learning. Teachers will make decisions about content regarding the sequence, emphasis and any adjustments required based on the needs, interests, abilities and prior learning of students.’

 

In practice, LGBTI people appear just once in the entire NSW PDHPE K-10 Syllabus, as part of an exercise about marginalised groups and inclusiveness, but schools and/or teachers can choose to remove even this most cursory of references.[ii]

 

This marginalisation, and exclusion, of LGBTI content and students is simply not good enough.

 

Another cause of the curriculum’s problems can be found if we return to the glossary, and inspect the definition of sexuality:

 

‘A central aspect of being human throughout life. It is influenced by an interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious and spiritual factors. It is experienced and expressed in thoughts, feelings, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships.’

 

On a philosophical level, this is actually quite an inclusive and even progressive view of the complexity of human sexuality. But on a practical level, the absence of specificity in this definition undermines any obligation for schools and/or teachers to teach about real-world diversity of sexual orientation.

 

This lack of prescription means that, on page 96 – which is the only place in the general syllabus where ‘sexuality’ appears not following an ‘eg’ (and therefore is the only reference that isn’t optional)[iii] – content to ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’ does not necessarily include lesbian, gay or bisexual sexualities.

 

It is a similar story in terms of gender,[iv] with the glossary definition (‘Refers to the concepts of male and female as well as the socially constructed expectations about what is acceptable for males and females’) not particularly useful in ensuring students learn about the diversity of gender identities. There also do not appear to be any references to non-binary or gender diverse identities.[v]

 

These definitions of sexuality and gender, and how they are employed throughout the syllabus, could be interpreted by some supportive schools and teachers to include lesbian, gay, bisexual and transgender subject matter. But there is absolutely nothing that ensures schools and/or teachers must teach this content.

 

This erasure, or invisibilisation, of LGBTI people in the NSW PDHPE K-10 Syllabus is nothing short of homophobic, biphobic, transphobic and intersexphobic.

 

Which makes it somewhat ironic then that there are more references to homophobia and transphobia in its content than there are to LGBTI people.

 

On page 77: ‘describe forms of bullying, harassment, abuse, neglect, discrimination and violence and the impact they have on health, safety and wellbeing, eg family and domestic violence, homophobic and transphobic bullying, racism, cyberbullying, discrimination against people with disability.’

 

And on page 88: ‘propose protective strategies for a range of neglect and abuse situations, eg family and domestic violence, bullying, harassment, homophobia, transphobia and vilification.’

 

Although note of course that both times homophobia and transphobia appear after an ‘eg’, meaning whether they are taught in these contexts remains optional (and obviously neither of these sections explicitly refers to biphobia or intersexphobia either).[vi]

 

Another major problem with the new NSW PDHPE K-10 Syllabus is its approach to sexual health.

 

There are only two compulsory references to sexual health in the content of the syllabus, one of which we have already seen (on page 96: ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’).

 

The other reference, on page 95, describes ‘identify methods of contraception and evaluate the extent to which safe sexual health practices allow people to take responsibility for managing their own sexual health.’

 

There are two problems with this statement. First, it puts the emphasis on ‘contraception’ when sexual health, and LGBTI sexual health especially, is a much broader concept. Second, it does not specifically mandate that schools and teachers instruct students about sexually transmissible infections (STIs).

 

In fact, quite astoundingly, the only reference to STIs in the general syllabus,[vii] on page 84 (‘identify and plan preventive health practices and behaviours that assist in protection against disease, eg blood-borne viruses, sexually transmissible infections’) makes teaching about them optional. The only time the term HIV even appears in the entire document is in the glossary.[viii]

 

In terms of STI-prevention, it seems the NSW PDHPE syllabus has actually gone backwards from the previous 2003 document, which at least prescribed that students learn about:

 

‘sexual health

-acknowledging and understanding sexual feelings

-expectations of males and females

-rights and responsibilities in sexual relationships

-sexually transmitted infections, blood-borne viruses and HIV/AIDS’ as well as to

‘identify behaviours that assist in preventing STIs, BBVs and HIV/AIDS and explore the interrelationship with drug use.’[ix]

 

**********

 

The aim of the PDHPE K-10 Syllabus is explained on page 12 of the document:

 

‘The study of PDHPE in K-10 aims to enable students to develop the knowledge, understanding, skills, values and attitudes required to lead and promote healthy, safe and active lives.’

 

Unfortunately, the more than 100 pages of the new syllabus which follow that statement make clear that it does not, and cannot, promote healthy, safe and active lives for lesbian, gay, bisexual, transgender and intersex students. After all, it is impossible for students to learn everything they need to be safe when they cannot see themselves in the curriculum.

 

This document represents a complete derogation of duty by the NSW Education Standards Authority, and Education Minister Rob Stokes and the Berejiklian Liberal-National that have overseen them.

 

They have also failed in their duty to keep all students safe, LGBTI and non-LGBTI alike, given the paucity of sexual health information, and specific content around sexually transmissible infections, in the syllabus.

 

To some extent it is perhaps a little unfair to single out NSW for these failures, because they are not alone in responsibility for them.

 

As this author has previously written, the national Health and Physical Education curriculum (which provides the framework for the NSW syllabus) developed earlier this decade by the Australian Curriculum, Assessment and Reporting Authority (ACARA), also abjectly fails to take the needs of LGBTI students seriously.

 

Despite repeated calls for him to intervene, then-Commonwealth Education Minister Christopher Pyne refused to take action to make LGBTI-inclusive content a priority either.

 

Ensuring that all teachers, in all schools, provide health and physical education content that is inclusive of all students and their needs has been placed in the ‘too hard basket’ by educational authorities, and Ministers, at multiple levels of government over multiple years.

 

It seems they would prefer to pretend LGBTI students do not exist rather than to take on the influence of religious schools and others who see anything that promotes the view that LGBTI people are part of the natural, beautiful diversity of humanity as some sort of ‘radical agenda’.

 

In this respect, the exclusion of LGBTI content from the NSW PDHPE K-10 Syllabus shares a lot in common with the current debate about the exceptions to anti-discrimination law that allow religious schools to discriminate against LGBT students, something the NSW Government has also ruled out fixing.

 

As with that issue, the losers out of the new PDHPE curriculum are the lesbian, gay, bisexual, transgender and intersex kids who have the right to learn about themselves, and to receive the information they need to keep themselves safe, but who are instead being made to feel invisible.

 

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NSW Education Minister Rob Stokes has overseen the development of a PDHPE K-10 Syllabus that is almost completely silent on LGBTI issues.

 

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Footnotes:

[i] The term bisexual actually appears four times, with an additional appearance in the glossary in the definition of ‘same-sex attracted’, alongside ‘homosexual’ in its only appearance.

[ii] This interpretation – that teaching the examples which are included in the content is optional – is supported by page 24 of the consultation report, which states: ‘The content is presented to be inclusive and provide the flexibility for delivery based on the context and the ethos of schools. Schools will make decisions about the scope and range of examples to illustrate the diversity of groups in Australian society.’

[iii] There is a separate reference to ‘sexuality’ that is not optional on page 119 in the Life Skills section, for students with special needs, although it does not specifically refer to diversity of sexual orientations.

[iv] The definition of sex on page 135, described as ‘The biological characteristics that define humans as female or male. While these sets of biological characteristics are not mutually exclusive, as there are individuals who possess both, they tend to differentiate humans as males and females’, also does not ensure students learn about variations of sex characteristics.

[v] The definition of transgender or trans on page 137 states ‘A general term for a person whose gender is different to their sex at birth’.

[vi] As an aside, it must surely be difficult to teach students about homophobia and transphobia when the syllabus doesn’t require instruction about the terms lesbian, gay, bisexual, transgender and intersex in the first place.

[vii] At a minimum the Life Skills content for students with special needs makes teaching about sexually transmissible infections mandatory (on page 119: ‘recognise issues of safety in relation to sexual relationships, including contraception, sexually transmissible infections’).

[viii] In the glossary definition of sexually transmissible infections: ‘Any infection that can be passed from one person to another during sexual activity. Sexually transmissible infections include chlamydia, herpes, gonorrhea, syphilis, genital herpes, scabies, pubic lice, hepatitis and HIV.’

[ix] On page 27 of the 2003 PDHPE 7-10 Syllabus, here.

Submission to NSW Parliamentary Inquiry into Gay and Trans Hate Crimes

Update 31 August 2019:

 

In what was a big news week re LGBTI rights in Australia (see also the release of the Government’s draft Religious Discrimination Bill), the NSW Parliament also tabled the Berejiklian Government’s short response to the Parliamentary Inquiry into Gay and Trans Hate Crimes.

 

Well, a partial response anyway, with NSW Police responding to recommendation 3 only, with a one-page letter including this statement:

“While the Inquiry identified historically negative attitudes from Officers towards members of the LGBTIQ community, I am confident the views and attitudes of the NSW Police Force today towards this community are positive, respectful and professional.”

 

At this stage, the new Parliament (elected on 23 March 2019) hasn’t re-established the inquiry, which was the primary recommendation of the original inquiry (see below).

 

Update 4 March 2019:

 

The Committee handed down an interim report on Tuesday 26 February (just before the issuing of the writs for the 2019 State election). That report can be found here.

 

The primary recommendation (Recommendation 1) is:

 

That the NSW Legislative Council re-establish the inquiry into Gay and Transgender hate crimes between 1970 and 2010 in the 57th Parliament and the terms of reference for further inquiry and report be subject to a decision of the House.

 

This is important, both because the work of the inquiry could not possibly have been completed in the short time available, and also to ensure that evidence of anti-LGBT hate crimes from regional, rural and remote NSW is gathered.

 

The other encouraging recommendation (Recommendation 4) is:

 

That, should the inquiry be re-established consistent with Recommendation 1, the committee invite witnesses to address the issue of the appropriate mechanism for independent review of past gay and transgender hate crimes.

 

Therefore, while the Committee has not agreed to support a Royal Commission at this stage (which was the main recommendation in my personal submission, published below), it has left the door open to recommending a Royal Commission or some other form of independent judicial inquiry in the future.

 

Perhaps just as interesting are the recommendations that had been featured in the draft report, but were removed at the behest of Committee members (as detailed in the minutes of the Committee published in an appendix).

 

Thus (Christian fundamentalist) Labor MLC, Greg Donnelly, moved that the following recommendations be axed:

 

That the NSW Police Force, in meeting Recommendation 3, increase the time currently allocated to the training of new policy recruits in modules relating to lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people.

 

That the NSW Police Force implement a program of ongoing education modules relating to lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people for all officers and other employees.

 

That the NSW Police Force increase the number of specialist Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Liaison Officers, particularly in rural, regional and others areas that do not currently have access to such officers.

 

That the NSW Police Force implement a new service to enable lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people to more readily access the services and support of a specialist officer to make it easier to report crimes or seek the assistance of police.

 

Christian Democrat MLC, Fred Nile, also caused the following recommendation to be removed:

 

That the NSW Police Force change the name of the Gay and Lesbian Liaison Officer program to the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Liaison Officer Program.

 

Meanwhile, National MLC Trevor Khan (who is usually an ally for the LGBTI community) moved that the following recommendations be axed:

 

That the NSW Attorney General issue a reference to the NSW Law Reform Commission to require that it undertake a comprehensive review of the law of homicide and homicide defences in New South Wales to ensure that recent legal reforms have effectively removed any potential for injustice to occur.

 

That the Judicial Commission of New South Wales review the content of jury directions to ensure that they adequately ensure the fair and equal treatment of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people and acknowledge the historical legacy of the ‘gay panic defence’.

 

Thus, while the interim report itself is not bad – recommending further investigation by the next Parliament, and leaving the door open to a Royal Commission or other independent judicial inquiry – it could, and indeed should, have been a whole lot better.

 

Original submission:

 

NSW Legislative Council Standing Committee on Social Issues

 

Wednesday 7 November 2018

 

To whom it may concern

 

Submission re Inquiry into gay and transgender hate crimes between 1970 and 2010

 

Thank you for the opportunity to provide a submission to this important inquiry.

 

I do so as a long-term advocate for the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, including for the past six years in New South Wales.

 

However, this timeframe means I did not live in NSW during the period 1970 to 2010. I consequently do not have a personal experience of anti-LGBTI hate crimes in this jurisdiction during that period.

 

Nevertheless, I acknowledge and endorse the work of others, both individuals and organisations, who have documented the appallingly high number of gay and trans hate crimes which occurred here over the course of the past four or five decades.

 

This obviously includes the work of ACON, whose excellent ‘In pursuit of truth and justice’ report is cited in the terms of reference to this inquiry, as well as that of journalist Rick Feneley, whose stories over recent years have finally started to give these crimes the attention, and scrutiny, they deserve.

 

And it includes the work of three former NSW Police employees or consultants – Steve Page, Sue Thompson and Duncan McNab – whose work has confirmed the failure by NSW Police to adequately investigate many of these same crimes.

 

This failure can be seen as one reason, perhaps even the primary reason, why, of the 88 homicide cases identified in In pursuit of truth and justice, approximately 30 remain unsolved today.

 

I therefore welcome the initiative of the Legislative Council in establishing this inquiry, to hear from people who have been affected by these hate crimes, either directly or who have valuable information about crimes committed against others.

 

Indeed, this fits with ACON’s recommendation 1.2:

 

ACON recommends the NSW Government, in partnership with community, undertake a process to comprehensively explore, understand and document the extent of historical violence experienced by the LGBTI community.

 

And also with recommendation 4.1:

 

ACON recommends an independent investigation into the actions of the various arms of the criminal justice system to fully understand the impediments to justice during this period in history, their relevance to current practices, and to identify opportunities to finalise unsolved cases.

 

However, I would argue that, while a positive start, a short parliamentary inquiry is unlikely to be sufficient in and of itself to comprehensively address these issues. I form this view on the basis of the following factors:

 

  • The sheer scale, and seriousness, of the subject matter involved, noting that we are discussing at least 88 homicides, with more that may yet be identified through this process,
  • Remembering that figure does not include the hundreds, perhaps thousands, of additional homophobic and transphobic hate crimes that occurred during this period, including serious and violent assaults, many of which have never been properly documented,
  • The role of NSW Police in failing to adequately investigate many of these crimes (both homicides and assaults), and
  • The allegations of complicity and/or even direct participation by NSW Police members in some of these horrific crimes.

 

Given all of the above, I believe that this subject matter should be investigated through a Royal Commission, which would have the appropriate powers, resources and timeframes to fully explore the gay and trans hate crimes which occurred in NSW over the past half-century.

 

Recommendation 1: That the Committee call on the NSW Government to establish a Royal Commission into the issue of gay and trans hate crimes in NSW since 1970.

 

In terms of the ‘gay panic’ or ‘homosexual advance defence’ and the role it ‘played in the culture of LGBTIQ hate crimes between 1970 and 2010’ and how it ‘impacted the delivery of justice and the treatment of gay men during LGBTIQ hate crime investigations and court proceedings’, I believe it did contribute both to helping to incite these crimes, and in undermining their proper investigation.

 

As I wrote to the Legislative Council Provocation Committee in 2012, calling for the abolition of the gay panic defence:

 

In my opinion, there is nothing so different, so special or so extraordinary, in the situation where the non-violent sexual advance is made by a man to another man, as to justify offering the offender in such cases any extra legal protection. In contemporary Australia, a man who receives an unwanted sexual advance should exercise the same level of self-control as we expect of any other person.

 

To have a separate legal standard apply to these cases is homophobic because it implies there is something so abhorrent about a non-violent sexual advance by a man to another man that a violent reaction is almost to be expected, and at least somewhat excused. This does not reflect the reality of contemporary Australia, where, with the exception of marriage, gay men enjoy the same rights as other men, and are accepted as equals by the majority of society.

 

Even if a small minority of people remain firmly intolerant of homosexuality, that does not mean there should be a ‘special’ law to reduce the culpability of such a person where they are confronted by an unwanted homosexual sexual advance. To retain such a provision is unjust and discriminatory, and is a mark against any legal system which aspires to fairness.

 

The above discussion outlines why the homosexual advance defence is wrong in principle. What should not be forgotten is that the homosexual advance defence is also wrong in practice, or in the outcomes which it generates. After all, the defence does not simply exist in the statute books, ignored and unused. Instead, it has been argued in a number of different criminal cases, sometimes successfully.

 

This means there are real offenders who are in prison (or who have already been released), who have had their conviction reduced from murder to manslaughter, and most likely their sentence reduced along with it, simply because they killed in response to a non-violent homosexual advance. The legal system has operated to reduce the liability of these offenders even when broader society does not accept that such a reduction is justified. As a result, these offenders have not been adequately punished, meaning that above all these victims have not received justice.

 

Similarly, the family members and friends of the victims killed in such circumstances have witnessed the trials of these offenders, expecting justice to be served, only to find that the killer is not considered a murderer under the law. Instead, these family members and friends find some level of blame is placed on the actions of the victim, that somehow by engaging in a non-violent sexual advance they have helped to cause and even partly deserved their own death.

 

The painful ‘lessons’ of the gay panic defence, which were learnt over many decades by the LGBTI community, included the following:

 

  • That the life of a gay man was valued at less than that of other victims,
  • That a non-violent sexual advance by a gay man to another man was abhorrent, and that a violent response to such an advance was at least partially justified, and
  • That the law enforcement and justice systems of NSW were not on our side.

 

These same lessons were learnt by the perpetrators of anti-gay and anti-trans hate crimes. They worked out that LGBTI people made for easy targets, both because we were unlikely to report crimes and, even if we did, that NSW Police were unlikely to do anything about it.

 

Based on the behaviour of some NSW Police officers, including reportedly in the 1989 assault of Alan Rosendale, as witnessed by Paul Simes (see Rick Feneley, ‘Erased from the records; Investigation into bashing of gay man by police in Surry Hills in 1989’, Sydney Morning Herald, 19 January 2015), it seems that they too believed the lives of gay men mattered less than others.

 

It is perhaps unsurprising that, when the law – via the homosexual advance defence – said gay men’s lives were less valuable than those of heterosexual people, some members of the law enforcement arm of government acted in the same way.

 

So, while the abolition of the gay panic defence by NSW Parliament in May 2014 was a major step forward for LGBTI rights in this state, we should not underestimate the damage it caused during its (too-many) years of operation.

 

Thank you in advance for taking this submission into consideration as part of this inquiry. If you would like to clarify any of the above, or for additional information, please do not hesitate to contact me at the details provided.

 

Sincerely

Alastair Lawrie

 

w1-truthandjustice

ACON’s excellent ‘In pursuit of Truth and Justice’ Report is available here.

Submission to NSW Parliamentary Inquiry into Youth Suicide

Update: 19 December 2018

The NSW Parliamentary Committee on Children and Young People handed down its report on Prevention of Youth Suicide on 25 October 2018.

 

On the positive side, it acknowledged that LGBTI young people are a vulnerable group requiring specific attention, with higher rates of mental health issues than their cisgender heterosexual counterparts.

 

This included Recommendation 13 , that: ‘The Committee recommends that the NSW Government support research into suicide prevention programs for LGBTI young people.”

 

However, it is disappointing that the Committee did not go beyond simply calling for more research in this area.

 

Despite quoting organisations like Twenty10 that the increased risks of suicide and self-harm are ‘directly related to experiences of stigma, prejudice, discrimination and abuse’, and despite the terms of reference requiring the Committee to specifically consider the approaches taken by primary and secondary schools, they made no recommendations about the inclusion of LGBTI students in schools.

 

They therefore ignored the fact that the NSW Government abolished an evidence-based anti-bullying program for LGBTI students (Safe Schools) in 2017, and that the new Personal Development, Health and Physical Education (PDHPE) curriculum excludes LGBTI students and content that is relevant to their needs (something I will write more about early in the new year).

 

The Committee wrote in their report that: “The prevalence of suicide and self-harm among LGBTI young people is concerning to the Committee.” Although apparently they were not concerned enough to recommend concrete steps to make all NSW schools accepting places for LGBTI students.

 

Original Post:

The NSW Parliamentary Committee on Children and Young People is currently holding an inquiry into the prevention of youth suicide. Full details can be found here. The following is my personal submission:

 

c/- childrenyoungpeople@parliament.nsw.gov.au

Sunday 27 August 2017

 

Dear Committee

 

Submission to Inquiry into Youth Suicide in NSW

 

Thank you for the opportunity to provide a submission to this important inquiry.

 

In this submission, I will be focusing on items (g) and (h) from the inquiry’s terms of reference: ‘Approaches taken by primary and secondary schools’ and ‘Any other related matters’ respectively.

 

Specifically, I will be discussing these terms of reference and how they relate to one of the groups that is disproportionately affected by mental health issues, depression and suicide: young lesbian, gay, bisexual, transgender and intersex people.

 

The National LGBTI Health Alliance confirms that LGBTI people, and especially young LGBTI people, are at much higher risk of suicide than non-LGBTI people. From the Alliance’s July 2016 ‘Snapshot of Mental Health and Suicide Prevention Statistics for LGBTI People’:

 

“Compared to the general population, LGBTI people are more likely to attempt suicide in their lifetime, specifically:

 

  • LGBTI young people aged 16 to 27 are five times more likely
  • Transgender people aged 18 and over are nearly eleven times more likely
  • People with an intersex variation aged 16 and over are nearly six times more likely
  • LGBT young people who experience abuse and harassment are even more likely to attempt suicide.

 

Statistics for LGBTI Population:

 

  • 16% of LGBTI young people aged 16 to 27 reported that they had attempted suicide
  • 35% of Transgender people aged 18 and over have attempted suicide in their lifetime
  • 19% of people with an Intersex variation aged 16 and over had attempted suicide on the basis of issues related [to] their Intersex status
  • 8% of Same-Gender Attracted and Gender Diverse young people aged between 14 and 21 years had attempted suicide, 18% had experienced verbal abuse, and 37% of those who experienced physical abuse.

 

Statistics for General Population:

 

  • 2% of people (4.4% females; 2.1% males) aged 16 and over have attempted suicide in their lifetime; 0.4% of general population (0.5% females; 0.3% males) in the last 12 months
  • 1% of people (1.7% females; 0.5% males) aged 16 to 24 have attempted suicide in the past 12 months.”

 

These statistics are obviously incredibly alarming, and reveal the scale of the challenge of mental health issues experienced by LGBTI people, and especially young LGBTI people.

 

What should not be forgotten is that there is nothing inherently ‘wrong’ with LGBTI people, and LGBTI young people – their disproportionate rates of suicide are in response to external factors, including a lack of acceptance (or feared lack of acceptance) from parents, other family members and friends, as well as society-wide homophobia, biphobia, transphobia and intersexphobia.

 

Another contributing factor to high rates of LGBTI youth suicide – and perhaps most relevantly to this inquiry – is the school environment. While some schools are welcoming to all young people, including those of diverse sexual orientations, gender identities and sex characteristics, other schools are far less welcoming – and some are even outright hostile.

 

For the purposes of this submission, I would nominate two key factors that help determine whether a school is welcoming of LGBTI young people:

 

  • Whether it has an explicit program addressing anti-LGBTI bullying (such as Safe Schools), and
  • Whether it has an inclusive curriculum for LGBTI students, with content that is relevant to their needs.

 

The importance of these two factors is confirmed by the 2010 Writing Themselves In 3 Report (by La Trobe University), which found that:

 

  • “61% of young people reported verbal abuse because of homophobia.
  • 18% of young people reported physical abuse because of homophobia.
  • School was the most likely place of abuse – 80% of those who were abused” (p39).

 

This last statistic is perhaps the most disturbing. Instead of being a place of learning, for far too many LGBTI young people, school is a place of intimidation, intolerance, and fear.

 

Although even more worrying is the fact that the proportion of students nominating school as a site of abuse increased from 1998 to 2004, and then again from 2004 to 2010 (p45) – rather than being more welcoming today, the schoolyard and the classroom is becoming more abusive.

 

Similarly, the Writing Themselves In 3 Report demonstrated that, in far too many schools, LGBTI students are not being included in the curriculum, both generally and specifically in relation to Health & Physical Education (including sex education).

 

From page 79: “10% of young people reported that their school did not provide any form of Sexuality Education at all.”

 

Even where some sexuality education was provided, it was primarily targeted at cisgender and heterosexual students. While almost 60% of students reported that the school provided information about heterosexual relationships, less than 20% received education about gay or lesbian relationships (p81).

 

And, while approximately 70% reported education about safe heterosexual sex, less than a quarter were instructed about safe gay sex and less than 20% about safe lesbian sex (p82).

 

Finally, roughly 1 in 10 reported learning that ‘homophobia is wrong’ as part of their sexuality education (p83), meaning that almost 90% of students were not receiving this important message.

 

Unfortunately, on both of these issues (anti-bullying programs, and an inclusive curriculum) NSW is clearly failing in its obligations to LGBTI young people.

 

First, in terms of Safe Schools, it was incredibly disappointing that the NSW Government abandoned this vital LGBTI anti-bullying program in April 2017.

 

Yes, there were some significant problems with this program – although not the ones that religious fundamentalists lied about in their dishonest campaign to undermine and destroy it.

 

Chief among the actual shortcomings of Safe Schools was the fact that it was an entirely optional program, meaning only a small proportion of schools had even begun to implement it by the time it was axed. Further, the schools that chose to implement it were likely the same schools that were already LGBTI-inclusive, while those that were less inclusive were far less likely to adopt the program.

 

Instead of abolishing Safe Schools, the NSW Government should have been working to ensure that it was rolled-out more widely, and ultimately to reach every school in the state (following the lead of Victoria) – because LGBTI students and young people exist in every school in the state.

 

Perhaps even worse than axing this program is the fact it has been replaced with a ‘general’ anti-bullying program and one that, based on media reports, does not include appropriate materials and resources to address the specific needs of LGBTI students and young people.

 

As reported in the Star Observer (Experts Slam NSW Anti-Bullying Resource as ‘Missed Opportunity for LGBTI Youth’, 21 July 2017:

 

“Leading health organisation ACON has expressed concern over the lack of LGBTI-specific tools and information in the new [anti-bullying] resource, despite liaising with the government in the months leading up to its launch.

 

Chief Executive of ACON Nicolas Parkhill said the new resource failed to meaningfully address the bullying, abuse, and discrimination faced by young LGBTI people.

 

“Bullying is an acute problem for young LGBTI people and this resources does not respond to their unique needs,” he said.

 

“Of concern is the absence of tools and resources that specifically address LGBTI bullying in schools – especially when we know it affects a significant proportion of young people.

 

“The government’s own report released earlier this month stated that 16.8 per cent of secondary school students in Australia are attracted to people of the same sex. That’s one in six students…

 

“We believe this resource falls short in responding to LGBTI bullying and there needs to be more emphasis placed on the needs of young LGBTI people.”

 

Based on this critique, it appears that the NSW Government has axed a program that was specifically designed to address anti-LGBTI bullying – which, as we saw earlier, is a contributing factor to LGBTI youth suicide – and replaced it with a ‘generalist’ anti-bullying program that does little to reduce this behaviour.

 

That is clearly not good enough.

 

Recommendation 1: The NSW Government should roll-out the Safe Schools program, or a similar program that specifically and explicitly deals with anti-LGBTI bullying, in every school across the state.

 

The Personal Development, Health and Physical Education (PDHPE) Syllabus is also not good enough in terms of how it includes – or, in many cases, excludes – LGBTI students and information that is relevant to their needs.

 

Earlier this year, the NSW Education Standards Authority (NESA) released a new draft PDHPE K-10 Syllabus for public consultation. Unfortunately, it fell far short of what is necessary to educate LGBTI students across the state, or to contribute to a reduction in youth suicide among this group.

 

As I outlined in my submission to NESA about the draft Syllabus (see Every Student. Every School. Submission on Draft NSW Personal Development, Health and Physical Education (PDHPE) Syllabus K-10), its problems include that:

 

  • It does not define the terms lesbian, gay, bisexual, transgender or intersex
  • It does not guarantee that all students in all schools will learn about these sexual orientations, gender identities or sex characteristics
  • It does not include sufficient LGBTI anti-bullying content, and
  • It does not offer appropriate, or adequate, sexual health education for students who are not cisgender and heterosexual, including a lack of information about sexually transmissible infections and diverse sexual practices.

 

If the PDHPE K-10 Syllabus is implemented without significant and substantive changes to the draft that was released, another generation of LGBTI young people will grow up without being told in the classroom that who they are is okay, and without learning vital information on how to keep themselves safe.

 

That would represent a failure of the NSW Government to exercise the duty of care that it owes to all students across the state.

 

Recommendation 2: The NSW Government should ensure that the PDHPE K-10 Syllabus is inclusive of LGBTI students, and provides content that is relevant to their needs, including comprehensive sexual health education.

 

The previous two issues – anti-bullying programs, and an inclusive curriculum – relate to term of reference (g) (Approaches taken by primary and secondary schools).

 

However, there is one final, non-school related matter that I would like to raise in this submission (under term of reference (h) – ‘Any other related matters’).

 

That is the issue of ‘ex-gay therapy’ or ‘gay conversion therapy’. As the name suggests, this practice aims to convince LGBT people that who they are is wrong, and that they should try to stop being who they are and instead attempt to be cisgender and heterosexual.

 

Let us be clear – ‘ex-gay therapy’ or ‘gay conversion therapy’ is not therapy, and does not offer anything ‘therapeutic’ to the people who are subjected to it. It is not counselling, nor does it have any basis in medical or scientific fact.

 

It is fundamentally harmful, and preys upon vulnerable people, exploiting their fears, their isolation and their insecurities. It leaves the vast majority of people feeling far worse, and can cause, or exacerbate, depression and other mental health issues, including leading to suicide.

 

Ex-gay therapy is psychological abuse, and the people who continue to ‘offer’ this practice are psychological abusers.

 

The NSW Government should outlaw this practice both because it is wrong, and because it is inherently harmful. This should be implemented by a criminal penalty for anyone conducting ex-gay therapy, with a separate penalty for advertising such services.

 

The imposition of ex-gay therapy on young LGBT people is particularly heinous, given they are especially vulnerable. Therefore, the fact that a person being subjected to ex-gay therapy is under 18 should be an aggravating factor for these criminal offences, attracting an increased penalty.

 

The prohibition of ex-gay therapy, and the protection of vulnerable LGBT people – and especially young LGBT people – from this practice is urgently required to help remove another cause of mental health issues, including possible suicide, of LGBTI youth in NSW.

 

Recommendation 3: The NSW Government should ban the practice of ‘ex-gay therapy’ or ‘gay conversion therapy’, making both conducting this practice, and advertising it, criminal offences. Offering these services to LGBT people under the age of 18 should be considered aggravating factors, attracting increased penalties.

 

Thank you for taking this submission into consideration. Please do not hesitate to contact me at the details provided should you require additional information, or to clarify any of the above.

 

Sincerely

Alastair Lawrie

 

There's no place for discrimination in the classroom-7

NSW schools have an important role to play in preventing LGBTI youth suicide – one that they are currently failing to fulfil.