Equality Delayed, Equality Denied: The NSW Equality Bill’s Public Consultation

The Equality Bill

The Bill has promised to bring sweeping reform to a range of issues affecting queer people and bring the state of NSW in line with other state jurisdictions on queer rights. Proposed by independent MP for Sydney Alex Greenwich (in August 2023) it has faced multiple significant delays, now facing its second round of public consultation. The bill has seen support from the Greens, Animal Justice Party and independents, however, Labor’s position has been inconsistent and referred the bill to further consultation on the 13th of March 2024. This further delays the bill and thus denies queer people and sex workers all of the protections encased.   

Call to Action

Public consultation is open until the 14th of April, 3 days from the time of writing.

The bill's passage is not guaranteed, and so every bit of support is important in the ongoing fight for queer rights. If it is to be passed it will bring life-altering changes to the lives of queer people and sex workers across NSW. Equality delayed is equality denied, and queer people of NSW have been denied their rights for far too long.

Amendment-by-Amendment Explanation 

The survey itself provides minimal information on the contents of the legislation beyond the name of affected acts, below is a guide to what each question is actually asking. This is intended for those seeking clarification on the legislation in its lengthy political form and by no means mandatory reading to help the advancement of queer rights.  

Q4. What is your view of the Equality Legislation Amendment (LGBTIQA+) Bill 2023?

This asks your opinion of the Equality Bill in its entirety.

Q5. What is your view of the proposed amendments to the Anti-Discrimination Act 1977 (NSW)?

This amendment will protect individuals from discrimination on the grounds of faith pertaining to a person's sex, gender, age, sexuality or marital status. It acknowledges and legislates the protection of intersex people as well as protecting trans individuals' participation in sports. The amendment also provides protections for sex workers in their education, employment and access to goods and services. 

Q6. What is your view of the proposed amendments to the Births, Deaths and Marriages Registration Act 1995 (NSW)?

These Amendments allow individuals to change their sex markers on official documents such as NSW birth certificates, without the requirement to undergo affirming surgeries which are often difficult and expensive to obtain in Australia. This is already the case with federal documents such as passports and Medicare (with approval from a person's GP). It also provides a pathway for those under 16 to amend their sex marker through an application to a tribunal considering the applicant’s ‘best interest’.

Q7 What is your view of the proposed amendments to the Children and Young Persons (Care and Protection) Act 1998 (NSW)?

This amendment allows those 16-17 to make their own medical and dental decisions with their practitioners including but not limited to gender-affirming care. In the case of those under 16 years old, they may decide with the consent of one parent or if the child consents and the medical practitioner believes the treatment to be in the child's best interest and is capable of understanding the nature, consequences and risks of treatment. These changes pertain to all forms of medical treatment, not just gender-affirming care.

Q8 What is your view of the proposed amendments to the Children’s Guardian Act 2019 (NSW)?

The amendment acknowledges intersex people and variations of sex characteristics within the Act.

Q9 What is your view of the proposed amendments to the Court Security Act 2005 (NSW)?

When a body search is conducted by a police officer the amendment allows intersex or trans people to ensure they are searched by an officer of their elected gender to conduct the search. Previously a trans-woman would be searched by a male police officer whereas cis-women must be searched by a female officer.

Q10. What is your view of the proposed amendments to the Crimes Act 1900 (NSW)?

Part of the changes to the Anti-Discrimination Act, providing protections to sex workers and those living with HIV/AIDS.

Q11. What is your view of the proposed amendments to the Crimes (Administration of Sentences) Act 1999 (NSW)?

As in question 9, see that a trans or intersex person is searched by an officer of their elected gender identity.

Q12. What is your view of the proposed amendments to the Crimes (Domestic and Personal Violence) Act 2007 (NSW)?

Provides legal protections for queer people from being outed (spreading knowledge of a person's gender or sexual identity without their permission). It defines the act of outing as a form of coercion and reason to attain an AVO. This provides queer people agency in who and when they come out to people, particularly to ensure their safety. 

Q13 What is your view of the proposed amendments to the Crimes (Forensic Procedures) Act 2000 (NSW)?

As in question 9, see that a trans or intersex person is searched by an officer of their elected gender identity.

Q14 What is your view of the proposed amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW)?

The amendment allows for the consideration of hatred or prejudice against a trans or intersex person as an aggravating factor in the context of sentencing.

Q15 What is your view of the proposed amendments to the Drug Misuse and Trafficking Act 1985 (NSW)?

Removes redundant references to HIV.

Q16 ​​What is your view of the proposed amendments to the Government Sector Employment Act 2013 (NSW)?

In the context of government sector agencies permits the Public Service Commissioner to implement minimum diversity and inclusion standards for government, provision for gender-affirming care leave.

Q17 What is your view of the proposed amendments to the Government Sector Employment (General) Rules 2014 (NSW)?

Adds intersex and trans people as an eligible person for workplace diversity in government sector agencies.

Q18 What is your view of the proposed amendments to the Interpretation Act 1987 (NSW)? 

Correct outdated definitions regarding gendered terms, relationships and descriptions. 

Q19 What is your view of the proposed amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)?

As in question 9, see that a trans or intersex person is searched by an officer of their elected gender identity.

Q20 What is your view of the proposed amendments to the Mental Health Act 2007 (NSW)?

States that a person is not mentally ill or mentally disordered due to not expressing an expected gender identity.

Q21 What is your view of the proposed amendments to the Sheriff Act 2005 (NSW)?

As in question 9, see offences that a trans or intersex person is searched by an officer of their elected gender identity.

Q22 What is your view of the proposed amendments to the Summary Offences Act 1988 (NSW)?

Removes remaining offences related to sex work, allowing for workers' protection under labour laws.

Q23 What is your view of the proposed amendments to the Surrogacy Act 2010 (NSW)?

Provides protections for birth mothers in a surrogacy arrangement and removes offences relating to surrogacy.

Q24 What is your view of the proposed amendments to the Workers Compensation Act 1987 (NSW)?

Updates definitions and wording around HIV/AIDS.

These amendments are the result of extensive consultation with the queer community and represent an extensive but not final push in the advancement of queer rights, only IF this bill gathers public and political support. If you wish to support the passage of this bill contact your local state MP, keep up with news in the fight for the equality bill and do your best to try to get 2 people you know to fill out the survey.