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Community pushes for reforms in NSW Equality Bill

13 October 2024 – LGBTIQ+ groups say although it’s deeply disappointing some reforms have been removed from the Equality Bill it still contains vital measures that will improve the lives of people across NSW.

The NSW Equality Legislation Amendment (LGBTIQA+) Bill 2023 will be considered by cabinet on Monday, it was reported on Sunday. 

The bill provides parentage rights for children born in overseas commercial surrogacy arrangements and domestic violence protections for the LGBTIQA+ community. It modernises some laws around sex work and would introduce crucial reforms to birth certificate legislation.

NSW is the only place in Australia to require surgery on reproductive organs for people to access ID documents that recognise them for who they are.   

“Our communities live with some of the nation’s most outdated and discriminatory laws and it’s time they changed so that all people and families are equal in NSW,” said Equality Australia CEO Anna Brown.

“We call on all members of parliament to support this bill and remove the archaic, cruel and discriminatory laws that impact people in our community every day.” 

According to media reports, Independent Sydney MP Alex Greenwich agreed to amend his Bill to remove provisions that would have addressed gaps in existing anti-discrimination law. 

Currently religious schools and organisations can legally discriminate against LGBTQ+ people, although the NSW Law Reform Commission is considering this issue as part of its broad review of the state’s Anti-Discrimination Act.

“This is bitterly disappointing for vulnerable students and staff in private schools. More children are going to miss out on leadership roles or be refused enrolment, and teachers will continue to lose their jobs or be denied promotions,” Ms Brown said.

“The law in is out of step with 21st century community expectations and it urgently needs to change. Everyone deserves the same legal protections from discrimination, and the NSW Government is obliged to act once the review has concluded.” 

ACON CEO Michael Woodhouse: 

“This Bill creates laws that promote the health and well-being of sexuality and gender diverse people in NSW. 

We are disappointed at media reports today that some sections of the Bill have been removed. We will continue to advocate for laws that make NSW a more inclusive, respective and safe community for people of diverse sexuality and genders.

The Bill still contains important reforms, and we urge the NSW Parliament to pass it.” 

Ashley Scott, Executive Officer of Rainbow Families: 

"Children need and deserve our protection. To deprive a child of the security and certainty of legal parentage because of the manner of their conception is inhuman, and nothing is gained from penalising loving and caring parents.” 

Transgender advocate Teddy Cook:

“Being able to update a birth certificate to accurately reflect the women, men and non-binary people we are, has a profoundly positive impact on trans lives, improving health and safety, strengthening participation and allowing us to simply get on with our lives. 

For decades though, NSW has required its trans populations to be sterilised in order to update this civil record. 

Legal gender recognition, through a simple administrative process, is life changing for trans people of all genders and has been an ongoing and significant reform priority for trans people, our families and friends across NSW for many years.   

Trans people born in NSW have been forced to undergo invasive, expensive and sterilising surgeries for far too long.

Parliamentarians now have a huge opportunity to offer a direct and positive impact to their trans constituents, so let’s pass this reform with pride, it’s time for NSW to stand up for trans people simply by believing us.”  

Media contact: Tara Ravens 0408 898 154, tara.ravens@equalityaustralia.org.au