Equality Bulletin #63

This Equality Bulletin was issued by the TGLRG on 15.9.06.

Hi Everyone,

This Equality Bulletin is mostly about Tasmanian issues.

It contains details of
~ up-coming hearings in Hobart and Launceston in the Human Rights Commission’s same-sex couple entitlements inquiry
~ the current Tasmanian Government review of the State Anti-Discrimination Act
~ the current Tasmanian Law Reform Institute’s inquiry into a Tasmanian Charter of Rights

It also includes a clarification of information send in an earlier Equality Bulletin about the Census.

Rodney Croome
0409 010 668

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HREOC hearings in Tasmania
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As part of its national inquiry into legal discrimination against same-sex couples, the Human Rights and Equal Opportunity Commission is conducting hearings and forums in Hobart and Launceston on September 24th and 25th.

Hearings involve individuals and organisations that have made, or intend to make, submissions to the HREOC Inquiry being invited to do a 10 - 15 minute presentation on their submission, with a focus on some key issues, followed by a Q&A session with the Commissioner.

Forums will be open consultations with concerned members of the public. The Commissioner will again attend and open the forum and then people will be asked to speak about their stories and experiences.

If you are concerned about discrimination against same-sex couples please come along and make your views known.

The details are…

Hobart
24 September, 2pm - 4pm: Public Forum in Hobart. Venue: Republic Bar and Cafe, 299 Elizabeth St, North Hobart
25 September, 9am - 12.30pm: Hearing in Hobart. Venue: Conference Room Level 9, 15 Murray Street, Hobart.

Launceston
25 September, 6pm - 9pm: Public Forum in Launceston. Venue: Launceston Tram Shed Function Centre, Inveresk Rail Yards, 4 Invermay Rd, Launceston.

For more on the inquiry visit
http://www.humanrights.gov.au/samesex/

For details of hearings in other states and territories visit
http://www.humanrights.gov.au/samesex/hearings.html

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Review of the Tasmanian Anti-Discrimination Act
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The Tasmanian Government is conducting a review of the State Anti-Discrimination Act. The review deals mostly with procedural matters but there are some terms of reference which are directly or indirectly relevant to LGBT people.

Four of the most important of these have been included below with examples of points which can be made in your submission to the review.

Submissions to the Review of the Complaints Handling and Dispute Resolution Provisions of Anti-Discrimination Act 1998
can be sent to
Secretariat, GPO Box 825, HOBART TAS 7001 or legislation.development@justice.tas.gov.au

The deadline is Friday September 22nd.

For more information on the review visit
http://www.antidiscrimination.tas.gov.au/

Key terms of reference:

1. Are there any definitions in the Act that may need to be clarified or refined?

Yes. Currently the attribute of “transsexuality” comes under “sexual orientation”, and there is no attribute of “intersex”. Transsexuality and intersex are matters of gender identification not sexual orientation and should be included under a new attribute of “gender identity”. To ensure that persons with the broadest range gender identities are protected, this attribute should also include “transgender”.

2. Should section 17 of the Act be amended to provide that a person must not engage in any conduct that offends, humiliates, intimidates, insults or ridicules another person on the basis of any attribute referred to in section 16?

Yes. Currently these protections only apply on the grounds of gender, marital status, relationship status, pregnancy, breastfeeding, parental status or family responsibilities. However, offending humiliating, intimidating, insulting and ridiculing conduct also occurs on other grounds, including sexual orientation. The impact of this conduct is no less serious when it occurs on grounds not currently covered.

3. Should the definition of organisation be clarified?

Yes. The definition of organisation in regard to who can make representative complaints should be clarified to more clearly include community organisations.

4. Should parties have a right to legal representation?

Yes.

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Tasmanian Charter of Human Rights
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The Tasmanian Government has asked the Tasmanian Law Reform Institute to inquiry into the protection of human rights in Tasmania, particularly the need for a State Charter of Human Rights.

It is important that the TLRI hear from those LGBT Tasmanians whose fundamental human rights have been violated because of an absence of adequate local human rights protections.

More detailed information about responding to the TLRI inquiry will be sent out closer to the submission deadline of November 30th.

In the meantime, if you are interested in finding out more about the inquiry visit
http://www.law.utas.edu.au/reform/

For a copy of the inquiry discussion paper visit
http://www.law.utas.edu.au/reform/hrpresponse.htm

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The Census: a clarification
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In Equality Bulletin #61 I stated that

“The ABS has clarified that (it recognises) same-sex marriages legally contracted in other countries but not recognised in Australia. ??It is therefore possible for same-sex couples married overseas to indicate they are married on the Census form.

I made this statement after repeated communications with the ABS.

However, the ABS subsequently announced that its policy was not to recognise same-sex marriages.

This prompted action from the lobby group Australian Marriage Equality which reversed the ABS’s discriminatory policy.

All same-sex marriages indicated on the Census form will now be counted. They will also be counted in future censuses.