Reduced NSW equality bill passes, discrimination remains

October 22, 2024
Issue 
A protest march through Newtown on Gadigal Country, April 2023, to demand equal rights for trans and non-binary people. Photo: Zebedee Parkes

罢丑别听听Equality Legislation Amendment (LGBTIQA+) Bill 2024听finally passed the New South Wales Legislative Council on October 17, albeit with reduced protections for LGBTIQ people to appease Labor.

The bill passed 15 votes to 12, with the majority of Coalition MPs voting against it. Liberal MP Felicity Wilson crossed the floor to support the bill.

Following months of stagnation and four deferrals, independent Sydney MP Alex Greenwich finally secured Premier Chris Minns鈥 support by removing more than 35 pages of reform.

The measures not included were changes to the听Anti-Discrimination Act, that would have extended protections for gay men and lesbians to bisexual, non-binary and gender diverse people. Protections for sex workers were also dropped, and will be looked at under a separate review of the Summary Offences Act.

Greenwich听听he was听unhappy听about some amendments being removed, but did not want to hold up other reforms. 鈥淭here has been a concerted campaign, particularly by some religious organisations, and I鈥檓 not wanting to hold up some urgent reforms while we鈥檙e still working this through.鈥

Among the scrapped reforms was the removal, from the听Anti-Discrimination Act, of听the legal exemption for religious institutions to expel or fire LGBTIQ students or staff. This would have affected 200,000 students and nearly 40,000 teachers working in private schools.

Greenwich said he scrapped those amendments because the NSW Law Reform Commission (NSWLRC) is听, something he hopes will pave the way for protections for LGBTIQ students and teachers in private schools.

His bill, introduced last June, aimed to ratify protections for LGBTIQ people (with specific focus on trans individuals rights) and bring NSW into line with the rest of the country.听

NSW was the last state to force transgender people to undergo gender-affirming surgery to update their identification documents.

听include: updating the听Mental Health Act 2007听to clarify that not identifying with a person鈥檚 gender at birth does not indicate mental illness; updating outdated terminology regarding HIV/AIDS; making hatred or prejudice against trans or gender diverse people an aggravating factor in sentencing; adding domestic violence protections for members of the LGBTIQ community; and making it an offense to 鈥渙ut鈥 someone.

Labor announced it would establish the LGBTIQ+ Advisory Council. This had been recommended by the Special Commission of Inquiry into LGBTIQ hate crimes, whose听听urged the government to pass the whole equality bill.听

Responses to the stripped-back bill have been varied. Some have embraced the pared-down protections gained for LGBTIQ people, while others have criticised Greenwich for bending to conservative, anti-LGBTIQ influences.听

NSW Greens education spokesperson Tamara Smith said the Greens would 鈥渨elcome and will support the few, but vital, remaining reforms in the Equality Bill鈥.

However, Smith, a former secondary school teacher, said the 鈥渕ost significant piece of reform鈥 was 鈥渕issing in action鈥. Smith said it is 鈥渧ery hard to believe that discrimination based on who you are as a teacher or student or staff member in a private school in this day and age is legal!鈥

It sends a very clear message to students, teachers and staff who are not straight that 鈥渢heir right to work and attend school free of discrimination can only occur at the discretion of their employer鈥.

Greens MP for Newtown Jenny Leong also criticised the reduced bill saying it 鈥渓eave[s] the queer community vulnerable鈥.

The Independent Education Union (IEU), representing teachers and staff of non-government schools,听and cast doubt on the NSWLRC鈥檚 review of the听Anti-Discrimination Act听as a replacement.

鈥淭here are no guarantees this long-running review will recommend protections for teachers and school staff in faith-based schools,鈥 Carol Matthews, IEU NSW/ACT Branch Secretary, said.听鈥淣or is there any guarantee the NSW government will legislate any recommendations arising from the review.鈥

Protest and community action group Pride in Protest (PiP)听, saying it is 鈥渘ot the Equality Bill anymore鈥.

鈥淎ny bill that leaves glaring exemptions for hate and discrimination, are simply not good enough,鈥 said PiP spokesperson Dashie Prasad. Winning some protections is welcome, but not at the expense of 鈥渓eaving young people, sex workers, students and teachers behind鈥.

Greenwich said the entire bill could have been voted down, or 鈥12 urgent reforms鈥 were delivered.

The NSWLCR review of the听Anti-Discrimination Act听has received just under 100 submissions from invested parties 鈥 LGBTIQ organisations and religious institutions. But there is no timeline for the report to be released, or any indication of its recommendations.

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