From 29 April 2024, Queensland’s discrimination law provides stronger protections for trans, gender diverse and intersex people.
The changes mean that people who identify as non-binary or gender diverse are now protected from discrimination and vilification, and that the protections for intersex people are 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 is clearer and more inclusive. It means that:
- non-binary or gender diverse individuals are 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 means 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Outdated language has been removed from the law, and a new attribute of ‘sex characteristics’ has been added, to protect the intersex community from discrimination and vilification.
From 29 April, sex characteristics under the Anti-Discrimination Act refers 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 has been 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 are not retrospective and only apply to things that happen on or after 29 April 2024.