Category News

Sexual orientation, gender identity & intersex status discrimination information sheet

From 1 August 2013 it will be unlawful under federal law to discriminate against a person on the grounds of their:

  • sexual orientation
  • gender identity
  • intersex status

Same-sex couples are now also protected from discrimination under the new definition of ‘marital or relationship status’ (this was previously ‘marital status’).

The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) (SDA Amendment Act) inserts the new grounds into the Sex Discrimination Act 1984 (Cth) (SDA).

Most states and territories have some form of protection against discrimination on the basis of sexual orientation and gender identity. However, the SDA Amendment Act introduces more inclusive definitions and addresses gaps such as a lack of coverage for acts or practices of the federal government. It also qualifies the exemptions for religious organisations to the effect that it does not apply to conduct connected with the provision of Commonwealth-funded aged care services. It also includes the new ground of intersex status which is not covered by any other law.

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LASH Study findings on the Sex Industry in Western Australia

In 2007 and 2008 the Law and Sexual Health (LASH) study surveyed sex workers in commercial sex work businesses In Sydney, Melbourne and Perth.

Three capital cities were chosen for their different legal climates: Melbourne, where sex work is only decriminalised in licensed brothels (licensing), otherwise it remains illegal; Perth, where sex work remains criminalised; and Sydney, where most form of adult sex work are decriminalised, without licensing.

Through legal research we determined the laws and the level of policing of those laws in Victoria, WA, and NSW. We also mapped the female brothel-based sex industry in each city. Brothels were chosen at random, with a survey target of 200 sex workers in each city. Each brothel was repeated approached until every sex worker consented to participate or refused.  Each participating sex worker completed a questionnaire that was available in 4 languages.  Those women were then offered testing for chlamydia, gonorrhoea, Mycoplasma genitalium infection, and trichomoniasis. Comparisons were made between cities.

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