Protecting our elderly

Protecting our elderly

Justin-Koonin1The passage of the Sex Discrimination Amendment Bill 2013 through the federal House of Representatives last week was a significant milestone in the quest to protect the rights and dignity of the LGBTI community in Australia.

Federal anti-discrimination laws have existed in some form since 1975, when the Race Discrimination Act came into force. Yet to this day, federal law provides no protection from discrimination on the grounds of sexual orientation, gender identity or intersex status, with the exception of narrow protections on the basis of ‘sexual preference’ under the Fair Work Act 2009.

In 2013 this reality is cause for alarm. Fortunately, should the proposed new laws pass the Senate this glaring gap in protections will effectively be addressed. This is a complicated area of law, so it is fair to ask the question: what will the new protections actually give us?

Under NSW state law, the Anti-Discrimination Act 1977 makes it unlawful to harass or discriminate against a person on the basis of their homosexuality, disability (including HIV/AIDS status), race, age, marital status, sex (including pregnancy), transgender status or carer’s responsibilities.

The new laws will extend protection to other groups – including people who are bisexual or intersex. Notably, this will be the first time in the world that intersex people have achieved protection in anti-discrimination law. Additionally, the laws will provide consistency across states, whose laws currently operate as a sort of patchwork quilt.

A key benefit of the reform will only be seen if, as expected, an amendment is made in the Senate which will remove existing exemptions available to religious organisations in the provision of Commonwealth-funded aged-care services.

The removal of exemptions for religious organisations in the aged-care sector is Government policy, and was included in the Human Rights and Anti-Discrimination Bill 2012 (which is now on hold), so it was surprising to see its initial omission from the Sex Discrimination Amendment Bill 2013.

We call on the Senate to pass this Bill as a matter of urgency, ensuring that the current proposed amendment that affects the provision of services in the aged-care sector is included. Our elderly people are entitled to age with dignity.

Of course, the removal of exemptions for religious organisations should not be confined to the area of aged care provision. The Senate inquiry report into the Human Rights and Anti-Discrimination Bill 2012 recommended no exexptions in the provision of services at all – that is, for example, in hospitals, education, and in homelessness shelters. That is a bare minimum, and the GLRL has argued consistently that the removal of exemptions should extend to other areas, including employment.

These are, unfortunately, battles for another day, and reasons for us to remain vigilant and unified in our quest for full legal equality. Nevertheless, the passage of this Bill represents a welcome step forward, as we continue the path towards respect, acceptance and celebration of the diversity we bring to society.

Justin Koonin •  NSW Gay and Lesbian Rights Lobby

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