The Queensland state election will be held on Saturday 31 October, 2020.
One of the primary issues affecting the lesbian, gay, bisexual, transgender and intersex (LGBTI) community that, in my opinion, should be on the agenda is modernisation of the Anti-Discrimination Act 1991.
As my previous article examining this legislation explains, there are (at least) five major problems with Queensland’s Anti-Discrimination Act, including:
- A narrow definition of gender identity that excludes non-binary people
- The lack of any protection for intersex people
- The ‘Don’t Ask, Don’t Tell’ approach to LGBT teachers and other staff at religious schools
- The working with children exception allowing discrimination against transgender people, and
- The assisted reproductive technology exception allowing discrimination against lesbian, gay and bisexual people.
Given the upcoming election, I have sent the below questions to representatives of all parties currently represented in the Queensland Parliament, as well as the Independent Member for Noosa, asking them to outline their commitments to reform the Anti-Discrimination Act 1991.
Any answers received prior to the election will be published at the end of this post.
The Queensland Anti-Discrimination Act 1991 is now almost 30 years old, and in 2020 does not provide adequate protections against discrimination for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.
With the upcoming state election now only eight weeks away, I would appreciate your/your Party’s responses to the following questions, which focus on five of the major problems with this legislation:
- The definition of ‘gender identity’ in the Anti-Discrimination Act’s Dictionary currently excludes non-binary people. Will you update the definition of gender identity to ensure non-binary Queenslanders are protected against discrimination and vilification?
- Intersex people are not currently covered by the Anti-Discrimination Act. Will you introduce a new protected attribute of ‘sex characteristics’ and ensure intersex Queenslanders are protected against discrimination and vilification?
- LGBT teachers and other staff at religious schools are currently subjected to an inappropriate and ineffective ‘Don’t Ask, Don’t Tell’ framework (section 25). Will you amend the Anti-Discrimination Act to ensure all teachers and staff, in all schools, are protected against discrimination on the basis of their sexuality or gender identity?
- Under sub-section 28 of the Anti-Discrimination Act, employers are currently permitted to discriminate against transgender employees where their ‘work involves the care or instruction of minors’. This provision is abhorrent in 2020. Will you repeal the ‘working with children’ exception relating to transgender employees?
- Under sub-section 45A(1) of the Anti-Discrimination Act, discrimination on the basis of sexuality is currently permitted in relation to assisted reproductive technology. Such discrimination against rainbow families cannot be justified. Will you repeal the ‘assisted reproductive technology’ exception relating to lesbian, gay and bisexual Queenslanders?
Update 29 October 2020:
I have received the below response from Greens MP Michael Berkman. As you can see, the answers to my questions are encouraging, particularly if the Greens are in a balance of power position after 31 October.
Disappointingly, with only two days left until the Queensland State election, I am yet to receive a formal response from either the Labor Party or Liberal-National Party. I will post any correspondence I receive before Saturday here.
28 October 2020
Anti-Disrcrimination Act 1991
Thank you for your email of 5 September 2020, seeking the Queensland Greens’ policy positions ahead of the 2020 Queensland election.
The Queensland Greens are committed to an inclusive society free from discrimination. I have addressed your questions with corresponding numbers below. All statements are complementary to statements by the Greens’ spokespeople, including myself, and other policy documents which are on the public record.
The Greens are committed to:
- Updating the definition of ‘gender identity’ in the Anti-Discrimination Act 1991 (Qld) (the Act) to ensure non-binary Queenslanders are protected against discrimination and vilification.
- Introducing a new protected attribute of ‘sex characteristics’ and ensuring intersex Queenslanders are protected against discrimination and vilification.
- Eliminating the exemptions from anti-discrimination law which currently operate to deny protections LGBTIQA+ teachers and other staff at religious schools under anti-discrimination law.
- Repealing the ‘working with children’ exception relating to employees under section 28 of the Act.
- Repealing the ‘assisted reproductive technology’ exception at section 45A of the Act.
I hope that this information is of assistance. Please do not hesitate to contact my office … if you would like to discuss this matter in more detail.
Michael Berkman MP