17 October 2024 – Equality Australia says new laws passed by NSW Parliament on Thursday will improve the lives of LGBTIQ+ people and bring the state into line with the rest of the country. 

The NSW Equality Legislation Amendment (LGBTIQA+) Bill 2023 was passed 15 votes to12 in the Legislative Council, more than 12 months after it was first introduced to parliament. 

“This is the largest package of LGBTIQ+ reforms in NSW history,” said Equality Australia CEO Anna Brown.  

“These new laws will have no impact on the lives of most people in our state, but for a small number of people it will make their lives immeasurably better. 

“For the people who have told their stories, the leaders who have listened and the politicians who have had the courage of their convictions, this is a watershed moment in our state’s history and a proud moment in their fight for equality. 

“It’s a journey that continues as we turn our attention to the state’s anti-discrimination laws and our ongoing efforts to protect vulnerable teachers and students in religious and private schools across the state.” 

Under the reforms trans and gender diverse people will no longer be required to have surgery before accessing ID that accurately reflects their gender, and non-binary will be an available sex descriptor. 

NSW was the only jurisdiction in Australia to still have surgery as a requirement. 

“Legal gender recognition through a simple administrative process is life changing. The NSW parliament has finally stood up for trans people simply by believing us,” said trans advocate Teddy Cook. 

“Trans people of all genders have achieved one of the biggest reforms to improve our lives in decades.  

“Updating a birth certificate to accurately reflect the women, men and non-binary people we are, without requiring sterilising surgery, will have a profoundly positive impact on trans lives, improving our health and safety, strengthening our participation and allowing us to simply get on with our lives.” 

The bill also provides a pathway for children born out of overseas commercial surrogacy arrangements to have their parents recognised. 

“This is a profound relief for the hundreds of loving and caring families who have been locked in a legal limbo,” said Ashley Scott, Executive Officer of Rainbow Families.  

“Our children will now be equal before the law and have the same recognition, protection and access to rights as every other young person in NSW.” 

ACON CEO Michael Woodhouse said the new laws promoted fairness and inclusion. 

“We commend members of NSW Parliament who approved this bill and the many community advocates who have worked tirelessly over the years for equality,” he said. 

“There is more to be done, and we will continue our work to ensure sexuality and gender diverse people live with dignity and respect, free from stigma and discrimination.” 

This includes continuing advocating for reforms to protect LGBTQ+ students and staff in religious schools, which was left out of an amended version of the bill. 

“These schools rely on millions of dollars of taxpayer funding every year and they should uphold the same non-discriminatory practices that state schools have abided by for decades,” Ms Brown said. 

“People are genuinely shocked to discover a religious school can legally fire a woman for falling pregnant outside of marriage or expel a student because they are gay or trans.”  

The NSW Law Reform Commission is currently considering this issue as part of a broad review of the state’s Anti-Discrimination Act which is expected to be finalised next year.  

Media contact: Emily Mulligan emily.mulligan@equalityaustralia.org.au 0411 207 633