Anti-discrimination law

ICLC has provided advice and representation for people who have been discriminated against on the basis of their sexual orientation or gender identity on many occasions. While we have had some real success, there are often situations under federal law where a person has been harassed and vilified against but they fall outside of the scope of legal protections, eg in universities, when dealing with the immigration department and people in immigration detention.

Here are a few case studies:

Case study 1: Detention Centre

ICLC was contacted by a gay man incarcerated in a detention centre. He had been bullied, threatened and physically attached by the security guards. His sexuality was also made public and he was threatened by other inmates.

He had been granted asylum over a year ago and was in detention awaiting his final security checks. The violence increased so significantly that he was moved first into level one security and then interstate to another detention centre.

Case Study 2: University

Millie was a transgender woman living in the inner city. Millie needed to attend some counselling in relation to managing her coursework and booked into student counselling services over the phone. She was told to come down immediately and that there were numerous spaces free.

Millie attended the program and was turned away immediately. When asking why she was being turned away she was told that there was no spot for her and that she might prefer to go a specialist counsellor elsewhere.

Case Study 3: Passports

Aamina is a 70-year old transgender woman who migrated to Australia. Aamina is unable to have gender affirming surgery because of her age and ill-health.

Aamina would like to travel and has applied for a passport as a female. The Passports Office policy[1] allows for case-by-case consideration of change of gender for a passport where surgery may not be available for medical reasons. However, for someone who is born overseas, the Passports Office requires that immigration records be changed to show the changed gender. Immigration has no written policy for the circumstances under which immigration records will be changed.

ICLC made a formal application supported by medical evidence to change our client’s gender. This application was rejected by the Department of Immigration and Citizenship. Aamina has been denied a passport consistent with her current gender presentation and by extension, safe travel.

ICLC has recently lobbied the Attorney General regarding the inclusion of LGBTI status as a ‘protected attribute’ in the proposed Equality Act and for the removal of ‘Faith-based exemptions’ in federal anti-discrimination law. If you too have concerns about the lack of coverage of LGBTI issues in federal discrimination law I urge you to write to the Federal Attorney General, Robert McClelland.

INFO: Daniel Stubbs is the Centre Director of the Inner City Legal Centre.