News: Trans, gender diverse and intersex people to be better protected from discrimination
From 29 April 2024, Queensland’s discrimination laws will be updated to provide stronger protections for trans, gender diverse and intersex people.
The changes mean that people who identify as non-binary or gender diverse will now be protected from discrimination and vilification, and that the protections for intersex people will be strengthened.
What do these changes mean for trans, non-binary and gender diverse people?
Protections against gender identity discrimination and vilification have been in place since 2002 but now the law will be clearer and more inclusive. It means that:
- non-binary or gender diverse individuals will now be protected from discrimination in Queensland, aligning with many laws across Australia
- discrimination based on gender expression, including name, dress, speech, and behaviour, is not allowed.
From 29 April, ‘gender identity’ under the Anti-Discrimination Act will mean a person’s:
- internal experience of gender, regardless of the sex assigned to them at birth
- sense of their body, any modifications made to their body, and
- other expressions of their gender, like their name, dress, speech, and behaviour.
What do these changes mean for intersex people?
Outdated language will be removed, and a new attribute of ‘sex characteristics’ will be added to the law to protect the intersex community from discrimination and vilification.
From 29 April, ‘sex characteristics’ under the Anti-Discrimination Act will refer to a person's physical traits linked to a person’s sex, such as their genitalia, reproductive organs, chromosomes, genes, hormones, and the changes that happen during puberty.
What about changes to exemptions?
An unfair exemption that allowed discrimination based on a person’s gender identity or lawful sexual activity when working with children will be removed. This exemption was not necessary to protect children’s rights when a blue card system is already in place.
Exemptions for sports participation based on gender identity remain, where a restriction is reasonable having regard to the strength, stamina or physique requirements of the activity, but this won't apply to people with variations in sex characteristics.
When do the new laws apply?
The changes only apply to things that happen on or after 29 April 2024. Until then, existing discrimination and vilification laws remain in place.
