RECOMMENDATIONS

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:

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:

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