No progress on federal anti-discrimination
A gay former ALP supporter is considering moving to Canada over the Government’s failure to end discrimination against gay and lesbian Australians under federal law.
In 2008, the Government amended around 85 pieces of legislation to treat same-sex couples equally with heterosexual de factos.
However, no federal legislation covers discrimination based on sexuality, and the Australian Human Rights Commission Act has only limited powers regarding sexuality discrimination.
Website developer Andrew James said he was so hopeful about a Labor victory, he wore a Kevin ’07 shirt to work and volunteered online marketing advice to the Rudd campaign.
“I honestly believed Rudd when he promised to put an end to all discrimination that GLBT people were subjected to in our country,” James said.
“When Kevin Rudd became leader of the Labor Party, he had no website and no online platform to reach out to voters. I volunteered free advice and liaised back and forth with his assistant at the time.
“When his new site, Kevin07, finally went live, I received a personal email from Kevin where he thanked me for my help.”
But around a year ago, while looking at the Australian Human Rights Commission’s website, James discovered that there were still holes in federal protections.
The AHRC may investigate complaints of discrimination based on sex, disability, race or age in the areas of employment, education, accommodation, sport, the administration of Commonwealth laws and services, and the provision of goods, services and facilities.
The Commission may only investigate claims of sexuality discrimination in employment — the same level of protection it extends to people with criminal records.
“I was so upset that this was still on the website,” James said. “It seemed so Howardesque and out of sync with the representations Rudd had made regarding GLBT discrimination during the election.”
James raised the issue with his local member, Sydney MP Tanya Plibersek, who forwarded his concerns to Attorney-General Robert McClelland.
James was told to expect a reply, but so far none has been forthcoming.
“I’m seriously considering moving to Canada,” he said.
Through a spokesperson, the Attorney-General acknowledged the lack of protection in this area, and that “legislative changes would be needed to extend the Commission’s powers”.
“The Government is currently considering the recommendations from the National Human Rights Consultation report and will respond in the coming months.”
I think we know where Tony Abbott and the Liberal Party stand, when Abbott said on 60 minutes he is confronted by homosexuals as most people are.
Sex Discrimination Act 1984 says that “marital status” quote.
The Fair Work Act 2009 mentions “sexual preference” in job discrimination – and that is nation-wide.
The definition of de facto spouse under “marital status” still says “de facto couple of the opposite sex”. All states/territories include same sex couples under the definition of marital status when defining de facto couple.
Don’t forget discrimination based on Gender Identity and Gender Expression!
And i too got a letter saying they are pondering the cosultation report. My letter came just days after i read this http://www.smh.com.au/opinion/politics/human-rights-act-slips-down-the-list-20100125-mugy.html however.
Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia’s obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111), the Human Rights and Equal Opportunity Commission (HREOC) Act established the HREOC in 1986, and empowers it to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament. It is important to note that such discrimination is not rendered unlawful under the Act.
I think this election we should lobby the ALP for an election commitment to establish a federal anti-discrimination law which protect people in regards to sexuality and gender identity as well as defacto realtionship status.