Passed in the last days of the 43rd Parliament, the Sex
Discrimination Amendment (Sexual Orientation, Gender Identity and
Intersex Status) Act 2013 ('SDAA') has now commenced, after
being proclaimed as of 1 August 2013.
The SDAA amends the Sex Discrimination Act 1984 (Cth) ('the
Act') by inserting a range of new protected attributes
including sexual orientation, gender identity and intersex
status.
New protections
The key changes are most apparent in the following three new
distinct heads of discrimination:
- s5A: discrimination on the ground of sexual orientation
- s5B: discrimination of gender identity
- s5C: discrimination on the grounds of intersex status
The Act defines 'sexual orientation' as a person's
sexual orientation towards persons belonging to the same sex, a
different sex or both. For the purposes of preventing offence or
inaccuracy, the definition of sexual orientation does not refer to
homosexuality, lesbianism, or bisexuality.
