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Promoting the rights of LGBTIQ Victorians

Our vision: For LGBTIQ Victorians to no longer be subjected to discrimination in religious schools and for trans, gender diverse and intersex Victorians to be properly recognised and protected by the Equal Opportunity Act.

Recent reform

Religious exceptions

The Victorian government has amended the religious exceptions in the Equal Opportunity Act 2010 to better protect LGTBIQ and other Victorians.

Unless another non-religious exception applies, it is now unlawful for religious bodies and schools to discriminate against people based on sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity in decisions relating to employment or school students.

However, they can discriminate based on religious beliefs, in limited circumstances, if the discrimination is reasonable and proportionate.

The religious beliefs of an employee can only factor into decisions where:

  • conformity with religious beliefs is an inherent (core, essential or important) requirement of the job;
  • the other person cannot meet that inherent requirement because of their religious belief or activity; and
  • the discrimination is reasonable and proportionate in the circumstances.

In addition,  when providing goods or services funded by the Victorian Government, religious bodies are only able to discriminate based on a person’s religious belief. They are not be able to discriminate based on other personal characteristics (unless a non-religious exception applies).

Sex characteristics

To better protect from discrimination, sex characteristics has now been added to the Equal Opportunity Act.

Sex characteristic discrimination is when someone is treated unfairly or bullied because of their physical features related to their sex, including people born with variations in sex characteristics – people with intersex variations.

A person with intersex variation is born with atypical natural variations to sex characteristics such as variations in chromosomes, hormones or anatomy. Intersex traits are a natural part of human bodily diversity.

Sex characteristics include:

  • genitalia and other sexual and reproductive parts
  • chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty.

The definition of gender identity in the Equal Opportunity Act 2010 has now been redefined to include people with intersex variations, who identify as a non-binary gender due to their sex characteristics. Gender identity discrimination is when someone treats a person unfairly or bullies a person because of their gender identity. Under the Equal Opportunity Act 2010, gender identity protects a person’s right to identify as a gender that may or may not be the same as the sex they were designated with at birth.

The definition of sexual orientation has also been updated to mean a person’s emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender, including dress, speech, mannerisms, names and personal references.

Change or Suppression (Conversion) Practices Prohibition Act amendments

No Victorian should be subjected to harmful practices that seek to change or suppress their sexual orientation or gender identity.

The Change or Suppression (Conversion) Practices Prohibition Act 2021 is an important step towards preventing and responding to the serious damage and trauma caused by change or suppression practices.

Under the laws, the Commission is able to receive reports, provide facilitation, deliver education, and undertake research and investigations. We also have a focus on ensuring that persons affected by change or suppression practices receive support by directing them to appropriate support services.

This ensures LGBTQ Victorians are able to live their lives authentically with pride, and makes clear that a person’s sexual orientation and gender identity are not broken and do not need to be fixed.

Continued advocacy

The Commission requires stronger powers to enforce LGBTIQ rights

The Commission should be given stronger investigation enforcement powers to enable us to enforce compliance with the law and ensure organisations are taking necessary steps to prevent discrimination against LGBTIQ people.

Standards of dress and behaviour

The standards of dress and behaviour exception in section 42 of the Equal Opportunity Act can also be used to allow discrimination on the basis of religious belief.

Section 42 should be repealed in its entirety or, at the very least, subparagraph (2), which sets out that a standard must be considered reasonable if the school community was consulted, should be removed.

Medical treatment for transgender young people

Many trans and gender diverse young people across Australia are struggling to access therapeutic medical treatment.

Legislation is needed to codify the established common law principle of ‘Gillick competence’ by creating a statutory right of consent to medical treatment for young people aged 16 and over, affording them the same rights as adults to decide freely for themselves, on an informed basis, whether to undergo medical treatment.

This legislation should also:

  • provide medical practitioners, parents and guardians with certainty around consent requirements when treating children under 16 who lack ‘Gillick competence’
  • clarify an equitable process to determine disputes when one parent objects to the proposed treatment, so that the bests interests of the child is the primary consideration and the potential for the young person to experience harm is limited.

Factsheet: Religious exception reforms – Equal Opportunity Act 2010

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Address
Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries
enquiries@veohrc.vic.gov.au

Reception
1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
0447 526 642

The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.