RECOMMENDATIONS
Recommendation 1
7.20
The committee recommends that the definition of 'gender identity' in
clause 6 of the Draft Bill be amended to read:
gender identity means the
gender-related identity, appearance or mannerisms or other gender-related
characteristics of an individual (whether by way of medical intervention or
not), with or without regard to the individual's designated sex at birth, and
includes transsexualism and transgenderism.
Recommendation 2
7.21
The committee recommends that subclause 17(1) of the Draft Bill be
amended to include 'intersex status' as a protected attribute. 'Intersex'
should be defined in clause 6 of the Draft Bill as follows:
intersex means the status of
having physical, hormonal or genetic features that are:
(a) neither wholly female nor
wholly male; or
(b) a combination of female and
male; or
(c) neither female nor male.
Recommendation 3
7.30
The committee recommends that subclause 17(1) of the Draft Bill be
amended to include 'domestic violence' as a protected attribute, and that
clause 6 of the Draft Bill be amended to include an appropriate definition of
this attribute.
Recommendation 4
7.35
The committee recommends that subclause 17(1) of the Draft Bill be
amended to include 'irrelevant criminal record' as a protected attribute.
Recommendation 5
7.36
The committee recommends that a definition of 'irrelevant criminal
record' be included in the Draft Bill and be modelled on that contained in the
Tasmanian Anti-Discrimination Act 1998.
Recommendation 6
7.43
The committee recommends that paragraph 19(2)(b) be removed from the
Draft Bill.
Recommendation 7
7.49
The committee recommends that 'voluntary or unpaid work' be specifically
listed as an area of public life and be added to subclause 22(2) of the Draft
Bill.
Recommendation 8
7.50
The committee recommends that the definition of 'employment' in
clause 6 of the Draft Bill be amended to remove paragraph (c) relating to
voluntary or unpaid work, and that a new definition of 'voluntary or unpaid
work' be included in clause 6.
Recommendation 9
7.51
The committee recommends that, in defining 'voluntary or unpaid work',
regard be had to the legal differences between employees and volunteers.
Recommendation 10
7.59
The committee recommends that the Australian Government develop
amendments to clause 23 of the Draft Bill to address concerns raised in
submissions to the committee's inquiry. In particular, consideration should be
given to:
- replacing the words 'a legitimate aim' in paragraph 23(3)(b) with
the words 'an aim that is consistent with achieving the objects of
the Act'; or
- replacing subclause 23(3) with a test based on the concept of
'reasonableness'.
Recommendation 11
7.80
The committee recommends that the Draft Bill be amended to remove
exceptions allowing religious organisations to discriminate against individuals
in the provision of services, where that discrimination would otherwise be
unlawful. The committee considers that the Australian Government should develop
specific amendments to implement this recommendation, using the approach taken
in the Tasmanian Anti‑Discrimination Act 1998 as a model.
Recommendation 12
7.81
The committee recommends that clause 33 of the Draft Bill be amended to
require that any organisation providing services to the public, and which
intends to rely on the exceptions in that clause, must:
- make publicly available a document outlining their intention to
utilise the exceptions in clause 33;
- provide a copy of that document to any prospective employees; and
-
provide access to that document, free of charge, to any other
users of their service or member of the public who requests it.
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