Policy and law reform

Rainbow Territory wants to achieve the following  law and policy reforms

What can you do? Get involved with Rainbow Territory or speak to your local member of parliament about why these changes should be made (more information is below).

Change the laws

Anti-Discrimination Act 1992 (NT)

  • Clarify language to ensure protection from discrimination on the basis of gender identity and intersex status
  • Remove exemption allowing religious educational authority to discriminate against people on the basis of sexuality
  • Remove exemption excluding assisted fertilisation procedures from the coverage of the legislation
  • Introduce protection from vilification on the basis of gender identify, intersex status, sexual orientation and HIV/AIDS status

Births, Deaths and Marriages Act 1996 (NT)

  • Remove the requirement for a person to have undergone sexual reassignment surgery in order to obtain identity documents that reflect their affirmed gender

Adoption of Children Act 1994 (NT) – achieved! March 2018

  • Legalise same-sex adoption
  • Legalise step-parents in same-sex relationships

Adoption law passes in the NT, March 2018 https://www.abc.net.au/news/2018-03-19/nt-becomes-last-jurisdiction-to-pass-gay-adoption-laws/9547274

Information on adoption in the NT: https://nt.gov.au/community/child-protection-and-care/adoption

Improve policy

  • Implement a suicide prevention policy that considers and supports the mental health and 
wellbeing of LGBTQI people
  • Commit to funding a long-term Safe Schools equivalent

What can you do? Get involved with Rainbow Territory, or speak to your local member of parliament about why these changes should be made (more information is below).

Policy reform success – change can happen!

  • Trans and gender diverse prisoner policy – now in existence in the NT
  • Gay and Lesbian Liaison Officer program within the Northern Territory Police, Fire 
and Emergency Services – now in existence in the NT

more on changing the law

LAW REFORM

Anti-Discrimination Act 1992 (NT)

There are four areas that need to be changed in the Anti-Discrimination Act

Clarify language to ensure protection from discrimination on the basis of gender identity and intersex status

As it stands, the Anti-Discrimination Act 1992 (NT) provides protection from discrimination on the basis of sexuality. The Act needs to be modernised to reflect the language adopted in the 2014 reforms to the Sex Discrimination Act 1984 (Cth) which provides protection from discrimination on the basis of sexual orientation, gender identity and intersex status.

Sexuality is defined under the NT legislation as including “transsexuality”. Transsexuality is an out- dated term that many trans people do not use nor identify with, with gender identity being the preferred terminology.

While the NT legislation provides protection from discrimination on the basis of sexuality, it does not include intersex status as a protected attribute. Arguably, intersex status could be considered as being included under the protected attribute of sex, however the Act should be reformed to include a separate attribute of intersex status to ensure clear protection.

Remove exemption allowing religious educational authorities to discriminate against people on the basis of sexuality

The Act provides an exemption that allows religious educational authorities to discriminate against people in the area of work on the basis of sexuality, where the discrimination is done in good faith to avoid offending the religious sensitivities of people of the particular religion.

This creates a situation where people can be refused employment, dismissed and refused access to training or promotion on the basis of their sexuality, and have no recourse under territory anti- discrimination legislation.

Remove exemption excluding assisted fertilisation procedures from the coverage of the legislation

The reference in the legislation to the provision of a service excludes the carrying out of an artificial fertilisation procedure, which is defined to include artificial insemination and in vitro fertilisation. As it stands, people who identify as LGBTQI who wish to access assisted fertilisation procedures can be refused service on the basis of their sexual orientation, gender identity or intersex status, and are left with no legal recourse.

Provide protection from vilification on the basis of gender identify, intersex status, sexual orientation and HIV/AIDS status

The Anti-Discrimination Act does not contain any protection against vilification on the basis of gender identity, intersex status, sexual orientation and HIV/AIDS. Anti-vilification laws make it unlawful for a person, by a public act, to incite hatred towards, serious contempt for or severe ridicule of a person on the ground that the person has a protected attribute. In addition to prohibiting discrimination on the grounds of sexual orientation, gender identity and relationships, New South Wales, Queensland, the Australian Capital Territory and Tasmania also prohibit vilification on these grounds.

Births, Deaths and Marriages Act 1996 (NT)

Amend to remove requirement for a person to have undergone sexual reassignment surgery in order to obtain identity documents that reflect their affirmed gender

A person who wishes to change the Births, Deaths and Marriages register in order to obtain a birth certificate containing their affirmed gender must have undergone sexual reassignment surgery and be unmarried. Sexual reassignment surgery is expensive and not available in the NT. Further, the alteration of a person’s reproductive organs runs contrary to the notion that gender identity is about self-identification rather than aesthetic or physical qualities. Requiring a person to be unmarried forces a trans person to divorce their partner if they prioritise legal recognition of their affirmed gender over legal recognition of their relationship.


POLICY REFORM

Implement a suicide prevention policy that specifically addresses the needs of LGBTQI people

Current: the current suicide prevention strategy refers to the LGBTQI community. Rainbow Territory is advocating for specific actions to further support the mental health and well being of our community.

What Rainbow Territory wants: Rainbow Territory wants policies and services that are LGBTQI inclusive and informed.

 

Commit to funding a long-term Safe Schools equivalent

Federal funding for Safe Schools ends in June 2017. The lack of a long-term LGBTQI related anti-bullying program will leave vulnerable LGBTQI young people susceptible to transphobic and homophobic related violence and bullying in schools.

Successful policy changes

Trans and gender diverse prisoner policy

Transgender people experience disproportionately high rates of violence compared to the rest of the community, and transgender inmates are at higher risk of sexual assault and/or self harm and more likely to experience higher levels of vulnerability than other prison populations.

We advocated for a change in policy in relation to transgender and gender diverse prisoners in the corrections system to ensure that transgender and gender diverse prisoners are placed in prisons based on self-identification rather than their biological gender.

The policy is not published but it does exist. Contact the Attorney General’s department.

Implement a Gay and Lesbian Liaison Officer (GLLO) program within the NT Police, Fire and Emergency Services

The NT has three Gay and Lesbian Liaison Officers.

Why is this needed?

Extensive research throughout Australia suggests that members of the LGBTQI community experience higher than average levels of discrimination and abuse, as well as significantly under-report offences committed against them.

GLLO’s serve a community role by providing effective support and referral to victims of crime and violence, including homophobic crime and violence and same-sex domestic violence. This in turn increases the reporting of crime and violence. GLLO’s also serve an organisational role by providing a supportive workplace for LGBTQI employees and fostering a diverse workforce that can deliver an effective service to the NT community.


Other law and policy reform
  • Advocating for health and ageing polices that consult with LGBTQI people to inform policies that are inclusive of LGBTQI people in the NT
  • A connected, informed, and inclusive LGBTQI community